House
Study
Bill
562
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
BAUDLER)
A
BILL
FOR
An
Act
relating
to
motor
vehicle
impoundment
when
the
vehicle
1
is
operated
by
a
person
with
a
denied,
canceled,
suspended,
2
or
revoked
driver’s
license,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.89,
subsection
1,
paragraph
a,
1
subparagraph
(6),
Code
2016,
is
amended
to
read
as
follows:
2
(6)
A
vehicle
that
has
been
impounded
pursuant
to
section
3
321.218B
or
321J.4B
by
order
of
the
court
and
whose
owner
has
4
not
paid
the
impoundment
fees
after
notification
by
the
person
5
or
agency
responsible
for
carrying
out
the
impoundment
order.
6
Sec.
2.
Section
321.218,
subsection
1,
Code
2016,
is
amended
7
to
read
as
follows:
8
1.
A
person
whose
driver’s
license
or
operating
privilege
9
has
been
denied,
canceled,
suspended,
or
revoked
as
provided
10
in
this
chapter
or
as
provided
in
section
252J.8
or
section
11
901.5,
subsection
10
,
and
who
operates
a
motor
vehicle
upon
12
the
highways
of
this
state
while
the
license
or
privilege
13
is
denied,
canceled,
suspended,
or
revoked,
commits
a
14
simple
misdemeanor.
In
addition
to
any
other
penalties,
the
15
punishment
imposed
for
a
violation
of
this
subsection
shall
16
include
assessment
of
a
fine
of
not
less
than
two
hundred
fifty
17
dollars
nor
more
than
one
thousand
five
hundred
dollars
and
18
impoundment,
pursuant
to
section
321.218B,
of
the
motor
vehicle
19
operated
in
violation
of
this
subsection
.
20
Sec.
3.
NEW
SECTION
.
321.218B
Motor
vehicle
impoundment
——
21
penalty
——
liability
of
vehicle
owner.
22
1.
For
purposes
of
this
section:
23
a.
“Impoundment”
means
the
process
of
seizure
and
24
confinement
of
a
motor
vehicle
within
an
enclosed
area,
for
the
25
purpose
of
restricting
access
to
the
vehicle.
26
b.
“Owner”
means
the
registered
titleholder
of
a
motor
27
vehicle,
except
in
the
case
where
a
rental
or
leasing
agency
28
is
the
registered
titleholder,
in
which
case
the
lessee
of
29
the
vehicle
shall
be
treated
as
the
owner
of
the
vehicle
for
30
purposes
of
this
section.
31
2.
a.
A
motor
vehicle
is
subject
to
impoundment
if
a
person
32
operates
the
vehicle
while
the
person’s
driver’s
license
or
33
operating
privilege
has
been
denied,
canceled,
suspended,
or
34
revoked
in
violation
of
section
321.218,
subsection
1.
35
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b.
Impoundment
of
the
vehicle
under
this
section
may
occur
1
in
addition
to
any
penalty
imposed
under
this
chapter
for
the
2
underlying
criminal
offense.
3
3.
The
motor
vehicle
operated
by
the
person
in
violation
of
4
section
321.218,
subsection
1,
may
be
immediately
impounded
in
5
accordance
with
this
section.
6
a.
A
person
or
agency
taking
possession
of
an
impounded
7
motor
vehicle
shall
do
the
following:
8
(1)
Make
an
inventory
of
any
property
contained
in
the
9
vehicle,
according
to
the
person’s
or
agency’s
inventory
10
procedure.
The
person
or
agency
responsible
for
the
vehicle
11
shall
also
deliver
a
copy
of
the
inventory
to
the
county
12
attorney.
13
(2)
Contact
all
rental
or
leasing
agencies
registered
as
14
owners
of
the
vehicle,
as
well
as
any
parties
registered
as
15
holders
of
a
secured
interest
in
the
vehicle,
in
accordance
16
with
subsection
11.
17
b.
The
county
attorney
shall
file
a
copy
of
the
inventory
18
with
the
district
court
as
part
of
each
file
related
to
the
19
violation
of
section
321.218,
subsection
1.
20
4.
An
owner
of
a
motor
vehicle
impounded
under
this
section,
21
who
knows
of,
should
have
known
of,
or
gives
consent
to
the
22
operation
of
the
vehicle
in
violation
of
section
321.218,
23
subsection
1,
shall
be
all
of
the
following:
24
a.
Guilty
of
a
simple
misdemeanor.
25
b.
Jointly
and
severally
liable
for
any
damages
caused
26
by
the
person
who
operated
the
motor
vehicle,
subject
to
the
27
provisions
of
chapter
668.
28
5.
a.
(1)
The
following
persons
shall
be
entitled
to
29
immediate
return
of
the
motor
vehicle
without
payment
of
costs
30
associated
with
the
impoundment
of
the
vehicle:
31
(a)
The
owner
of
the
motor
vehicle,
if
the
person
who
32
operated
the
vehicle
is
not
a
co-owner
of
the
vehicle.
33
(b)
A
motor
vehicle
rental
or
leasing
agency
that
owns
the
34
vehicle.
35
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_____
(c)
A
person
who
owns
the
motor
vehicle
and
who
is
charged
1
but
is
not
convicted
of
the
violation
of
section
321.218,
2
subsection
1,
which
resulted
in
the
impoundment
of
the
vehicle
3
under
this
section.
4
(2)
A
person
shall
be
entitled
to
immediate
return
of
the
5
vehicle
after
payment
of
costs
associated
with
the
impoundment
6
of
the
vehicle
if
all
of
the
following
apply:
7
(a)
The
person
is
an
owner
of
the
motor
vehicle.
8
(b)
The
person’s
criminal
charge
for
violating
section
9
321.218,
subsection
1,
that
resulted
in
the
impoundment
of
the
10
vehicle
is
pending.
11
(c)
The
period
of
impoundment
under
paragraph
“d”
that
would
12
be
required
if
the
person
was
convicted
of
the
offense
has
13
expired.
14
(3)
A
person
who
paid
the
costs
associated
with
the
15
impoundment
of
the
vehicle
under
subparagraph
(2)
shall
be
16
reimbursed
by
the
person
or
agency
who
received
the
payment
for
17
the
total
amount
paid
if
the
person
is
not
convicted
of
the
18
violation.
19
b.
Upon
conviction
of
the
defendant
for
a
violation
of
20
section
321.218,
subsection
1,
the
court
may
order
continued
21
impoundment
of
the
motor
vehicle
used
in
the
commission
of
the
22
offense
if
the
convicted
person
is
the
owner
of
the
vehicle
and
23
the
period
of
impoundment
required
by
paragraph
“d”
has
not
24
expired.
The
court
shall
specify
all
of
the
following
in
the
25
order:
26
(1)
The
vehicle
that
is
subject
to
the
order.
27
(2)
The
period
of
impoundment.
28
(3)
The
person
or
agency
responsible
for
carrying
out
the
29
order
requiring
continued
impoundment
of
the
vehicle.
30
c.
If
the
vehicle
subject
to
the
order
is
in
the
custody
31
of
a
law
enforcement
agency,
the
court
shall
designate
that
32
agency
as
the
responsible
agency.
If
the
vehicle
is
not
in
33
the
custody
of
a
law
enforcement
agency,
the
person
or
agency
34
responsible
for
carrying
out
the
order
shall
be
any
person
35
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deemed
appropriate
by
the
court,
including
but
not
limited
to
a
1
law
enforcement
agency
with
jurisdiction
over
the
area
in
which
2
the
residence
of
the
vehicle
owner
is
located.
3
d.
The
period
of
impoundment
of
a
motor
vehicle
under
this
4
section
shall
be
seven
days
for
a
first
offense
in
violation
5
of
section
321.218,
subsection
1.
For
a
second
or
subsequent
6
offense,
the
period
of
impoundment
shall
be
double
the
number
7
of
days
required
for
the
previous
offense.
The
period
of
8
impoundment
shall
commence
on
the
first
day
that
the
vehicle
9
is
impounded.
10
e.
The
clerk
of
the
district
court
shall
send
a
copy
of
the
11
order
to
the
department,
the
person
convicted
of
the
offense,
12
the
person
or
agency
responsible
for
executing
the
order
for
13
impoundment,
and
any
holders
of
any
security
interests
in
the
14
vehicle.
15
f.
(1)
If
the
vehicle
subject
to
the
court
order
is
not
in
16
the
custody
of
a
law
enforcement
agency,
the
person
or
agency
17
designated
in
the
order
as
the
person
or
agency
responsible
for
18
executing
the
order
shall,
upon
receipt
of
the
order,
promptly
19
locate
the
vehicle
specified
in
the
order,
seize
the
vehicle
20
and
the
license
plates,
and
send
or
deliver
the
vehicle’s
21
license
plates
to
the
department.
22
(2)
If
the
vehicle
is
located
at
a
place
other
than
the
23
place
at
which
the
court
order
is
to
be
carried
out,
the
person
24
or
agency
responsible
for
executing
the
order
shall
arrange
25
for
the
vehicle
to
be
moved
to
the
place
of
impoundment.
When
26
the
vehicle
is
found,
is
impounded,
and
is
at
the
place
of
27
impoundment,
the
person
or
agency
responsible
for
executing
the
28
order
shall
notify
the
clerk
of
the
date
on
which
the
order
was
29
executed.
The
clerk
shall
notify
the
department
of
the
date
on
30
which
the
order
was
executed.
31
g.
Upon
receipt
of
a
court
order
for
continued
impoundment
32
of
the
motor
vehicle,
the
person
or
agency
shall
review
the
33
value
of
the
vehicle
in
relation
to
the
costs
associated
with
34
the
period
of
impoundment
of
the
vehicle
specified
in
the
35
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order.
If
the
person
or
agency
determines
that
the
costs
of
1
impoundment
of
the
vehicle
exceed
the
actual
wholesale
value
of
2
the
vehicle,
the
person
or
agency
may
treat
the
vehicle
as
an
3
abandoned
vehicle
pursuant
to
section
321.89.
If
the
person
or
4
agency
elects
to
treat
the
vehicle
as
abandoned,
the
person
or
5
agency
shall
notify
the
registered
owner
of
the
vehicle
that
6
the
vehicle
shall
be
deemed
abandoned
and
shall
be
sold
in
the
7
manner
provided
in
section
321.89
if
payment
of
the
total
cost
8
of
impoundment
is
not
received
within
twenty-one
days
of
the
9
mailing
of
the
notice.
The
person
or
agency
shall
provide
10
documentation
regarding
the
valuation
of
the
vehicle
and
the
11
costs
of
impoundment.
12
6.
a.
Upon
receipt
of
a
court
order
for
continued
13
impoundment
of
the
motor
vehicle,
the
impounding
authority
14
shall
seize
the
vehicle’s
license
plates
and
registration,
and
15
shall
send
or
deliver
them
to
the
department.
16
b.
The
department
shall
destroy
license
plates
received
17
under
this
section
and
shall
not
authorize
the
release
of
the
18
vehicle
or
the
issuance
of
new
license
plates
for
the
vehicle
19
until
the
period
of
impoundment
has
expired,
and
the
fee
and
20
costs
assessed
under
subsection
7
have
been
paid.
The
fee
for
21
issuance
of
new
license
plates
and
certificates
of
registration
22
shall
be
the
same
as
for
the
replacement
of
lost,
mutilated,
or
23
destroyed
license
plates
and
certificates
of
registration.
24
7.
a.
Upon
conviction
of
a
person
for
a
violation
of
25
section
321.218,
subsection
1,
and
impoundment
of
the
vehicle
26
under
this
section,
the
court
shall
assess
to
the
person,
in
27
addition
to
any
other
penalty,
the
amount
of
any
expenses
for
28
towing,
storage,
and
any
other
costs
of
impounding
the
vehicle,
29
to
be
paid
to
the
clerk
of
the
district
court.
However,
the
30
amount
assessed
to
the
person
for
storage
of
the
vehicle
shall
31
not
exceed
twenty-five
dollars
per
day.
32
b.
The
person
or
agency
responsible
for
impoundment
under
33
this
section
shall
inform
the
court
of
the
costs
of
towing,
34
storage,
and
any
other
costs
of
impounding
the
vehicle.
Upon
35
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payment
of
the
costs,
the
clerk
shall
forward
a
copy
of
the
1
receipt
to
the
department.
2
c.
If
a
law
enforcement
agency
impounds
a
motor
vehicle,
3
the
amount
of
the
expenses
deposited
with
the
clerk
shall
be
4
paid
by
the
clerk
to
the
law
enforcement
agency
responsible
5
for
executing
the
order
to
reimburse
the
agency
for
costs
6
incurred
for
impoundment
equipment
and,
if
required,
in
sending
7
officers
to
search
for
and
locate
the
vehicle
specified
in
the
8
impoundment
order.
9
8.
Operating
a
motor
vehicle
on
a
street
or
highway
in
this
10
state
in
violation
of
an
order
of
impoundment
is
a
serious
11
misdemeanor.
A
motor
vehicle
which
is
subject
to
an
order
of
12
impoundment
that
is
operated
on
a
street
or
highway
in
this
13
state
in
violation
of
the
order
shall
be
seized
and
forfeited
14
to
the
state
under
chapters
809
and
809A.
15
9.
Once
the
period
of
impoundment
has
expired,
the
owner
of
16
the
motor
vehicle
shall
have
thirty
days
to
claim
the
vehicle
17
and
pay
all
charges
imposed
under
this
section.
If
the
owner
18
or
the
owner’s
designee
has
not
claimed
the
vehicle
and
paid
19
all
charges
imposed
under
this
section
within
seven
days
from
20
the
date
of
expiration
of
the
period,
the
clerk
shall
send
21
written
notification
to
the
vehicle
owner,
at
the
owner’s
last
22
known
address,
notifying
the
owner
of
the
date
of
expiration
23
of
the
period
of
impoundment
and
of
the
period
in
which
the
24
vehicle
must
be
claimed.
If
the
vehicle
owner
fails
to
claim
25
the
vehicle
and
pay
all
charges
imposed
within
the
thirty-day
26
period,
the
vehicle
shall
be
forfeited
to
the
state
under
27
chapters
809
and
809A.
28
10.
a.
(1)
During
the
period
of
impoundment,
the
owner
of
29
an
impounded
vehicle
shall
not
sell
or
transfer
the
title
of
30
the
vehicle.
31
(2)
A
person
convicted
of
an
offense
under
section
321.218,
32
subsection
1,
shall
not
purchase
or
register
any
motor
vehicle
33
during
the
period
of
impoundment
or
license
revocation.
34
(3)
A
violation
of
this
paragraph
“a”
is
a
serious
35
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_____
misdemeanor.
1
b.
If,
during
the
period
of
impoundment,
the
title
to
the
2
motor
vehicle
which
is
the
subject
of
the
order
is
transferred
3
by
the
foreclosure
of
a
chattel
mortgage,
a
sale
upon
4
execution,
the
cancellation
of
a
conditional
sales
contract,
5
or
an
order
of
a
court,
the
court
which
enters
the
order
that
6
permits
transfer
of
the
title
shall
notify
the
department
of
7
the
transfer
of
the
title.
The
department
shall
enter
notice
8
of
the
transfer
of
the
title
to
the
vehicle
in
the
previous
9
owner’s
vehicle
registration
record.
10
11.
a.
Notwithstanding
other
requirements
of
this
section:
11
(1)
Upon
learning
the
address
or
phone
number
of
a
rental
12
or
leasing
company
which
owns
a
motor
vehicle
impounded
under
13
this
section,
the
peace
officer,
county
attorney,
or
attorney
14
general
shall
immediately
contact
the
company
to
inform
15
the
company
that
the
vehicle
is
available
for
return
to
the
16
company.
17
(2)
The
holder
of
a
security
interest
in
a
vehicle
which
18
is
impounded
pursuant
to
this
section
or
forfeited
in
the
19
manner
provided
in
chapters
809
and
809A
shall
be
notified
of
20
the
impoundment
or
forfeiture
within
seventy-two
hours
of
the
21
seizure
of
the
vehicle
and
shall
have
the
right
to
claim
the
22
vehicle
without
payment
of
any
fees
or
surcharges
unless
the
23
value
of
the
vehicle
exceeds
the
value
of
the
security
interest
24
held
by
the
creditor.
25
(3)
Any
of
the
following
persons
may
make
application
26
to
the
court
for
permission
to
operate
a
motor
vehicle
which
27
is
impounded
pursuant
to
this
section
during
the
period
of
28
impoundment,
if
the
applicant’s
driver’s
license
or
operating
29
privilege
has
not
been
suspended,
denied,
revoked,
or
barred:
30
(a)
A
person,
other
than
the
person
who
committed
the
31
offense
which
resulted
in
the
impoundment,
who
is
not
a
member
32
of
the
immediate
family
of
the
person
who
committed
the
offense
33
but
is
a
joint
owner
of
the
vehicle.
34
(b)
A
member
of
the
immediate
family
of
the
person
who
35
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_____
committed
the
offense
which
resulted
in
the
impoundment,
if
1
the
member
demonstrates
that
the
vehicle
that
is
subject
to
2
the
order
for
impoundment
is
the
only
vehicle
possessed
by
the
3
family.
4
b.
For
purposes
of
this
section,
“a
member
of
the
immediate
5
family”
means
a
spouse,
child,
or
parent
of
the
person
who
6
committed
the
offense.
7
12.
The
impoundment
or
forfeiture
of
a
motor
vehicle
under
8
this
section
does
not
constitute
loss
of
use
of
a
motor
vehicle
9
for
purposes
of
any
contract
of
insurance.
10
Sec.
4.
Section
809A.3,
subsection
2,
Code
2016,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
0a.
Section
321.218B,
subsection
8.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
provides
for
the
impoundment
of
a
motor
vehicle
17
operated
by
a
person
whose
driver’s
license
or
operating
18
privilege
has
been
denied,
canceled,
suspended,
or
revoked
in
19
violation
of
Code
section
321.218.
The
impoundment
procedures
20
set
forth
in
the
bill
are
similar
to
those
set
forth
in
Code
21
section
321J.4B,
which
deals
with
vehicle
impoundment
related
22
to
operating-while-intoxicated
offenses.
The
bill
provides
23
that
a
vehicle
operated
by
a
person
in
violation
of
Code
24
section
321.218
may
be
immediately
impounded.
25
Under
the
bill,
the
owner
of
an
impounded
motor
vehicle
26
who
knows
of,
should
have
known
of,
or
gives
consent
to
the
27
operation
of
the
vehicle
in
violation
of
Code
section
321.218
28
is
guilty
of
a
simple
misdemeanor
and
jointly
and
severally
29
liable
for
any
damages
caused
by
the
person
who
operated
the
30
vehicle.
A
simple
misdemeanor
is
punishable
by
a
fine
of
at
31
least
$65
but
not
to
exceed
$625
and
imprisonment
not
to
exceed
32
30
days.
33
The
bill
provides
that
certain
persons
are
entitled
to
34
immediate
return
of
the
impounded
vehicle
without
payment
of
35
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11
H.F.
_____
costs,
including
the
owner
of
the
vehicle
if
the
person
who
1
operated
the
vehicle
is
not
a
co-owner,
a
motor
vehicle
rental
2
or
leasing
agency
that
owns
the
vehicle,
and
a
person
who
3
owns
the
vehicle
and
who
is
charged
but
not
convicted
of
the
4
violation
which
resulted
in
the
impoundment.
5
A
person
shall
be
entitled
to
immediate
return
of
the
vehicle
6
after
payment
of
costs
associated
with
the
impoundment
if
7
the
person
is
an
owner
of
the
vehicle,
the
person’s
criminal
8
charge
that
resulted
in
the
impoundment
is
pending,
and
the
9
period
of
impoundment
that
would
be
required
if
the
person
was
10
convicted
of
the
offense
has
expired.
A
person
who
paid
the
11
costs
associated
with
the
impoundment
shall
be
reimbursed
by
12
the
person
or
agency
who
received
the
payment
if
the
person
is
13
not
convicted
of
the
violation.
14
The
bill
provides
that
a
court
may
order
the
continued
15
impoundment
of
the
vehicle
if
the
convicted
person
is
the
owner
16
of
the
vehicle
and
the
required
period
of
impoundment
has
not
17
expired.
The
period
of
impoundment
of
a
vehicle
under
the
bill
18
is
seven
days
for
a
first
offense.
For
a
second
or
subsequent
19
offense,
the
period
of
impoundment
is
double
the
number
of
days
20
required
for
the
previous
offense.
For
example,
for
a
third
21
offense,
the
period
is
28
days,
and
for
a
fifth
offense,
the
22
period
is
112
days.
23
The
bill
requires
the
clerk
of
the
district
court
to
send
a
24
copy
of
the
order
to
the
department
of
transportation
(DOT),
25
the
person
convicted
of
the
offense,
the
person
or
agency
26
responsible
for
executing
the
order
for
impoundment,
and
any
27
holders
of
any
security
interests
in
the
vehicle.
28
The
bill
provides
that
the
person
or
agency
responsible
for
29
executing
the
order
shall,
upon
receipt
of
the
order,
promptly
30
locate
the
vehicle
specified
in
the
order,
seize
the
vehicle
31
and
the
registration
plates,
arrange
for
the
vehicle
to
be
32
moved
to
the
place
of
impoundment,
and
send
or
deliver
the
33
vehicle’s
registration
plates
to
the
DOT.
34
If
the
person
or
agency
responsible
for
impounding
the
35
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H.F.
_____
vehicle
determines
that
the
costs
of
impoundment
exceed
the
1
actual
wholesale
value
of
the
vehicle,
the
person
or
agency
2
may
treat
the
vehicle
as
an
abandoned
vehicle
and
notify
the
3
registered
owner
that
the
vehicle
shall
be
deemed
abandoned
and
4
shall
be
sold
if
payment
of
the
total
cost
of
impoundment
is
5
not
received
within
21
days.
6
The
bill
requires
the
DOT
to
destroy
registration
plates
7
received
under
the
bill
and
prohibits
the
DOT
from
authorizing
8
the
release
of
the
vehicle
or
issuing
new
plates
for
the
9
vehicle
until
the
period
of
impoundment
has
expired
and
the
10
costs
have
been
paid.
11
The
bill
provides
that
the
court
shall
assess
to
the
person,
12
in
addition
to
any
other
penalty,
the
amount
of
any
expenses
13
for
towing,
storage,
and
any
other
costs
of
impounding
the
14
vehicle.
However,
the
amount
assessed
to
the
person
for
15
storage
of
the
vehicle
shall
not
exceed
$25
per
day.
16
The
bill
prohibits
operating
a
motor
vehicle
in
violation
17
of
an
order
for
impoundment,
and
provides
that
a
violation
is
18
a
serious
misdemeanor.
A
serious
misdemeanor
is
punishable
19
by
a
fine
of
at
least
$315
but
not
more
than
$1,875,
and
20
imprisonment
not
to
exceed
one
year.
In
addition,
the
bill
21
provides
that
a
motor
vehicle
which
is
subject
to
an
order
22
for
impoundment
that
is
operated
on
a
street
or
highway
shall
23
be
seized
and
forfeited
to
the
state
under
Code
chapters
809
24
(disposition
of
seized
property)
and
809A
(forfeiture
reform
25
Act).
26
Once
the
period
of
impoundment
has
expired,
the
owner
of
27
the
vehicle
shall
have
30
days
to
claim
the
vehicle
and
pay
28
all
charges.
If
the
owner
has
not
claimed
the
vehicle
and
29
paid
all
charges
within
seven
days
from
the
date
of
expiration
30
of
the
period,
the
bill
requires
the
clerk
to
send
written
31
notification
to
the
vehicle
owner,
at
the
owner’s
last
known
32
address,
notifying
the
owner
of
the
date
of
expiration
of
the
33
period
of
impoundment
and
of
the
period
in
which
the
vehicle
34
must
be
claimed.
If
the
vehicle
owner
fails
to
claim
the
35
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H.F.
_____
vehicle
and
pay
all
charges
imposed
within
the
30-day
period,
1
the
vehicle
shall
be
forfeited
to
the
state
under
Code
chapters
2
809
and
809A.
3
During
the
period
of
impoundment,
the
bill
prohibits
the
4
owner
of
an
impounded
vehicle
from
selling
or
transferring
the
5
title
of
the
vehicle
and
from
purchasing
or
registering
any
6
other
vehicle.
A
violation
of
this
provision
is
a
serious
7
misdemeanor.
However,
a
court
may
permit
transfer
of
the
title
8
in
certain
circumstances,
and
is
required
to
notify
the
DOT
of
9
the
title
transfer.
10
The
bill
requires
that
upon
learning
the
address
or
phone
11
number
of
a
rental
or
leasing
company
which
owns
an
impounded
12
vehicle,
the
peace
officer,
county
attorney,
or
attorney
13
general
shall
immediately
contact
the
company
to
inform
14
the
company
that
the
vehicle
is
available
for
return
to
the
15
company.
The
holder
of
a
security
interest
in
a
vehicle
which
16
is
impounded
or
forfeited
shall
be
notified
of
the
impoundment
17
or
forfeiture
within
72
hours
of
the
seizure
of
the
vehicle
and
18
shall
have
the
right
to
claim
the
vehicle
without
payment
of
19
any
fees
or
surcharges
unless
the
value
of
the
vehicle
exceeds
20
the
value
of
the
security
interest
held
by
the
creditor.
21
The
bill
provides
that
certain
persons
may
apply
to
the
22
court
for
permission
to
operate
a
vehicle
which
is
impounded,
23
including
a
person
other
than
the
person
who
committed
the
24
offense
who
is
not
a
member
of
the
immediate
family
of
the
25
person
who
committed
the
offense
but
is
a
joint
owner
of
the
26
vehicle,
and
a
member
of
the
immediate
family
of
the
person
27
who
committed
the
offense
if
the
member
demonstrates
that
the
28
vehicle
is
the
only
vehicle
possessed
by
the
family.
29
The
impoundment
or
forfeiture
of
a
motor
vehicle
under
the
30
bill
does
not
constitute
loss
of
use
of
a
vehicle
for
purposes
31
of
any
contract
of
insurance.
32
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