Text: H05034                            Text: H05036
Text: H05000 - H05099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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House Amendment 5035

Amendment Text

PAG LIN
  1  1    Amend Senate File 482, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 3, lines 15 and 16, by striking the words
  1  4 ", if enacted by Senate File 446".
  1  5    #2.  Page 3, lines 18 and 19, by striking the words
  1  6 "if enacted by Senate File 446,".
  1  7    #3.  Page 7, line 14, by inserting after the word
  1  8 "manner" the following:  "pursuant to this section".
  1  9    #4.  Page 8, by striking lines 8 through 12 and
  1 10 inserting the following:  "court a surety bond or cash
  1 11 in an amount determined by the court to be reasonable
  1 12 in light of the fair market value of the property.
  1 13 Property shall not be released if any of the following
  1 14 apply:
  1 15    a.  The owner fails to post the required bond."
  1 16    #5.  Page 10, line 12, by striking the word
  1 17 "either" and inserting the following:  "any".
  1 18    #6.  Page 10, by inserting after line 16 the
  1 19 following:
  1 20    "(3)  A request for an extension of time in which
  1 21 to file a claim or petition for recognition of
  1 22 exemption."
  1 23    #7.  Page 10, by striking line 18 and inserting the
  1 24 following:  "only be granted for good cause shown for
  1 25 mistake, inadvertence, surprise, excusable neglect, or
  1 26 unavoidable casualty."
  1 27    #8.  Page 13, line 4, by inserting after the word
  1 28 "practical" the following:  ", but not later than ten
  1 29 days,".
  1 30    #9.  Page 14, line 17, by inserting after the word
  1 31 "days" the following: "of such notice".
  1 32    #10.  Page 16, line 1, by inserting after the word
  1 33 "mail" the following:  "or other service which
  1 34 indicates the date on which the claim was received by
  1 35 the seizing agency and prosecuting attorney".
  1 36    #11.  Page 16, line 3, by striking the words "not
  1 37 be granted" and inserting the following:  "only be
  1 38 granted for good cause shown for mistake,
  1 39 inadvertence, surprise, excusable neglect, or
  1 40 unavoidable casualty".
  1 41    #12.  Page 18, line 17, by striking the word
  1 42 "claimant," and inserting the following:  "claimant."
  1 43    #13.  Page 18, by striking lines 18 and 19 and
  1 44 inserting the following:  "However, once the claimant
  1 45 comes forward with some evidence supporting the
  1 46 existence of the exemption, the state must provide
  1 47 some evidence to negate the assertion of the
  1 48 exemption.  The state's evidence must be substantial,
  1 49 though not necessarily rising to the level of a
  1 50 preponderance of the evidence, and more than a simple
  2  1 assertion of the claimant's interest in the property."
  2  2    #14.  Page 18, by inserting before line 20 the
  2  3 following:  "The agency or political subdivision
  2  4 bringing the forfeiture action shall pay the
  2  5 reasonable attorneys fees and costs, as determined by
  2  6 the court, incurred by a claimant who prevails on a
  2  7 claim for exemption in a proceeding under this
  2  8 chapter."
  2  9    #15.  Page 18, line 33, by striking the word "A"
  2 10 and inserting the following:  "Subject to the
  2 11 exemptions contained in section 809A.5, a".
  2 12    #16.  By striking page 18, line 35, through page
  2 13 19, line 1, and inserting the following:  "establishes
  2 14 any of the following:".
  2 15    #17.  Page 21, by striking lines 13 through 26 and
  2 16 inserting the following:
  2 17    "5.  The answer shall be filed within twenty days
  2 18 after service on the claimant of the civil in rem
  2 19 complaint."
  2 20    #18.  Page 26, line 24, by inserting after the word
  2 21 "holder" the following:  "or interest holder".
  2 22    #19.  Page 26, line 26, by inserting after the word
  2 23 "holder" the following:  "or interest holder".
  2 24    #20.  Page 26, line 29, by inserting after the word
  2 25 "holder's" the following:  "or interest holder's".
  2 26    #21.  Page 26, line 31, by inserting after the word
  2 27 "holder" the following:  "or interest holder".
  2 28    #22.  Page 26, line 32, by inserting after the word
  2 29 "holder's" the following:  "or interest holder's".
  2 30    #23.  Page 27, line 1, by inserting after the word
  2 31 "holder" the following:  "or interest holder".
  2 32    #24.  Page 27, line 7, by inserting after the word
  2 33 "holder" the following:  "or interest holder".
  2 34    #25.  Page 27, line 9, by inserting after the word
  2 35 "holder" the following:  "or interest holder".
  2 36    #26.  Page 27, line 11, by inserting after the word
  2 37 "holder's" the following:  "or interest holder's".
  2 38    #27.  Page 27, line 12, by inserting after the word
  2 39 "the" the following:  "regulated interest holder or".
  2 40    #28.  Page 46, line 25, by striking the words "five
  2 41 thousand" and inserting the following:  "seven
  2 42 thousand five hundred".
  2 43    #29.  By striking page 49, line 34, through page
  2 44 50, line 7.
  2 45    #30.  Page 53, by inserting before line 28 the
  2 46 following:
  2 47    "Sec. ___.  Section 22.7, Code Supplement 1995, is
  2 48 amended by adding the following new subsection:
  2 49    NEW SUBSECTION.  33.  A record required under the
  2 50 Iowa financial transaction reporting Act listed in
  3  1 section 529.2, subsection 10."
  3  2    #31.  Page 54, by striking lines 25 through 35 and
  3  3 inserting the following:
  3  4    "Sec. ___.  Section 321J.4B, subsection 12, Code
  3  5 Supplement 1995, is amended to read as follows:
  3  6    12.  Operating a motor vehicle on a street or
  3  7 highway in this state in violation of an order of
  3  8 impoundment or immobilization is a serious
  3  9 misdemeanor.  A motor vehicle which is subject to an
  3 10 order of impoundment or immobilization that is
  3 11 operated on a street or highway in this state in
  3 12 violation of the order shall be seized and forfeited
  3 13 to the state under chapter chapters 809 and 809A."
  3 14    #32.  Page 55, by inserting before line 1 the
  3 15 following:
  3 16    "Sec. ___.  Section 321J.4B, subsections 13 and 16,
  3 17 Code Supplement 1995, are amended to read as follows:
  3 18    13.  Once the period of impoundment or
  3 19 immobilization has expired, the owner of the motor
  3 20 vehicle shall have thirty days to claim the motor
  3 21 vehicle and pay the fees and charges imposed under
  3 22 this section.  If the owner or the owner's designee
  3 23 has not claimed the vehicle and paid the fees and
  3 24 charges imposed under this section within seven days
  3 25 from the date of expiration of the period, the clerk
  3 26 shall send written notification to the motor vehicle
  3 27 owner, at the owner's last known address, notifying
  3 28 the owner of the date of expiration of the period of
  3 29 impoundment or immobilization and of the period in
  3 30 which the motor vehicle must be claimed.  If the motor
  3 31 vehicle owner fails to claim the motor vehicle and pay
  3 32 the fees and charges imposed within the thirty-day
  3 33 period, the motor vehicle shall be forfeited to the
  3 34 state under chapter chapters 809 and 809A.
  3 35    16.  Notwithstanding the requirements of this
  3 36 section, the holder of a security interest in a
  3 37 vehicle which is impounded or immobilized pursuant to
  3 38 this section or forfeited in the manner provided in
  3 39 chapter chapters 809 and 809A shall be notified of the
  3 40 impoundment, immobilization, or forfeiture within
  3 41 seventy-two hours of the seizure of the vehicle and
  3 42 shall have the right to claim the motor vehicle
  3 43 without payment of any fees or surcharges unless the
  3 44 value of the vehicle exceeds the value of the security
  3 45 interest held by the creditor."
  3 46    #33.  Page 55, line 35, by inserting after the word
  3 47 "Code" the following:  "Supplement".
  3 48    #34.  Page 56, by inserting after line 1, the
  3 49 following:
  3 50    "Sec. ___.  Section 809.4, Code 1995, is amended to
  4  1 read as follows:
  4  2    809.4  HEARING &endash; APPEAL.
  4  3    An application for the return of seized property
  4  4 shall be set for hearing not less than five nor more
  4  5 than thirty days after the filing of the application
  4  6 and shall be tried to the court.  All claims to the
  4  7 same property shall be heard in one proceeding unless
  4  8 it is shown that the proceeding would result in
  4  9 prejudice to one or more of the parties.  If the total
  4 10 value of the property sought to be returned is less
  4 11 than five thousand dollars, the proceeding may be
  4 12 conducted by a magistrate or a district associate
  4 13 judge with appeal to be as in the case of small
  4 14 claims.  In all other cases, the hearing shall be
  4 15 conducted by a district judge, with appeal as provided
  4 16 in section 809.12 809.12A.
  4 17    Sec. ___.  NEW SECTION.  809.12A  APPEALS.
  4 18    An appeal from a denial of an application for the
  4 19 return of seized property or from an order for the
  4 20 return of seized property shall be made within thirty
  4 21 days after the entry of a judgment order.  The
  4 22 appellant, other than the state, shall post a bond of
  4 23 a reasonable amount as the court may fix and approve,
  4 24 conditioned to pay all costs of the proceedings if the
  4 25 appellant is unsuccessful on appeal.  The appellant,
  4 26 other than the state, may be required to post a
  4 27 supersedeas bond or other security, as the court finds
  4 28 to be reasonable, in order to stay the operation of a
  4 29 forfeiture order under section 809A.16.
  4 30    Sec. ___.  Section 809.15, Code 1995, is amended to
  4 31 read as follows:
  4 32    809.15  COMBINING PROCEEDINGS.
  4 33    In cases involving seized property and forfeitable
  4 34 property subject to forfeiture pursuant to section
  4 35 809A.4, the court may order that the proceedings be
  4 36 combined for purposes of this chapter."
  4 37    #35.  By striking page 56, line 12, through page
  4 38 57, line 2.
  4 39    #36.  By renumbering, relettering, and correcting
  4 40 internal references as necessary.  
  4 41 
  4 42 
  4 43                              
  4 44 COMMITTEE ON JUDICIARY
  4 45 HURLEY of Fayette, Chairperson
  4 46 SF 482.707 76
  4 47 mk/sc
     

Text: H05034                            Text: H05036
Text: H05000 - H05099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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