Text: HF00297 Text: HF00299 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.40, Code 1995, is amended by adding 1 2 the following new unnumbered paragraph: 1 3 NEW UNNUMBERED PARAGRAPH. The county treasurer shall 1 4 refuse to register a motor vehicle or renew the registration 1 5 of a motor vehicle of a person when notified that the person 1 6 has abandoned a motor vehicle and that the proceeds of the 1 7 sale of the abandoned vehicle were insufficient to pay the 1 8 costs of disposal. A county treasurer may register a motor 1 9 vehicle or renew the registration of a motor vehicle when 1 10 notified by the police authority, in accordance with section 1 11 321.89, that all of the expenses related to the abandonment of 1 12 the motor vehicle have been paid. 1 13 Sec. 2. Section 321.89, subsection 4, Code 1995, is 1 14 amended to read as follows: 1 15 4. AUCTION OF ABANDONED VEHICLES. If an abandoned vehicle 1 16 has not been reclaimed as provided for in subsection 3, the 1 17 police authority shall make a determination as to whether or 1 18 not the vehicle shall be sold for use upon the highways. If 1 19 the vehicle is not sold for use upon the highways, it shall be 1 20 sold for junk, or demolished and sold as scrap. The police 1 21 authority shall sell the vehicle at public auction. 1 22 Notwithstanding any other provision of this section, any 1 23 police authority, which has taken into possession any 1 24 abandoned vehicle which lacks an engine or two or more wheels 1 25 or another part which renders the vehicle totally inoperable 1 26 may dispose of the vehicle to a demolisher for junk after 1 27 complying with the notification procedures enumerated in 1 28 subsection 3 and without public auction. The purchaser of the 1 29 vehicle takes title free and clear of all liens and claims of 1 30 ownership, shall receive a sales receipt from the police 1 31 authority, and is entitled to register the vehicle and receive 1 32 a certificate of title if sold for use upon the highways. 1 33 However, if the vehicle is sold or disposed of to a demolisher 1 34 for junk, the sales receipt by itself is sufficient title only 1 35 for purposes of transferring the vehicle to the demolisher for 2 1 demolition, wrecking, or dismantling and, when so transferred, 2 2 no further titling of the vehicle is permitted. From the 2 3 proceeds of the sale of an abandoned vehicle the police 2 4 authority shall reimburse itself for the expenses of the 2 5 auction, the costs of towing, preserving, and storing which 2 6 resulted from placing the abandoned vehicle in custody, all 2 7 notice and publication costs incurred pursuant to subsection 2 8 3, the cost of inspection, and any other costs incurred except 2 9 costs of bookkeeping and other administrative costs. Any 2 10 remainder from the proceeds of a sale shall be held for the 2 11 owner of the vehicle or entitled lienholder for ninety days, 2 12 and shall then be deposited in the road use tax fund. The 2 13 costs to police authorities of auction, towing, preserving, 2 14 storage, and all notice and publication costs, and all other 2 15 costs which result from placing abandoned vehicles in custody, 2 16 whenever the proceeds from a sale of the abandoned vehicles 2 17 are insufficient to meet these expenses and costs, shall be 2 18 paid from the road use tax fund. 2 19 The director of transportation shall establish by rule a 2 20 claims procedure to be followed by police authorities in 2 21 obtaining expenses and costs from the fund. 2 22 A police authority shall notify the county treasurer of the 2 23 county of residence of the owner or owners of the abandoned 2 24 vehicle of the amount of the unpaid disposal expenses. 2 25 Notification shall be made by the end of the month following 2 26 the month of disposal of the abandoned motor vehicle. All 2 27 costs incurred by the police authority and costs which are 2 28 paid from the road use tax fund under this subsection are an 2 29 obligation of the last registered owner or owners, jointly and 2 30 severally. The police authority shall immediately notify the 2 31 county treasurer if the owner or owners pay the disposal 2 32 expenses. 2 33 EXPLANATION 2 34 Current law requires that if a motor vehicle is abandoned 2 35 and has not been reclaimed, the police authority may sell the 3 1 vehicle at an auction. The police authority is directed to 3 2 reimburse itself from the proceeds of the sale for the 3 3 expenses of the auction, the costs of towing, preserving, and 3 4 storing the vehicle, notice and publication costs, inspection 3 5 costs, and any other costs incurred except bookkeeping and 3 6 administration. If the proceeds are insufficient to meet 3 7 these costs, the police authority is reimbursed from the road 3 8 use tax fund. 3 9 This bill requires a county treasurer to refuse to register 3 10 or to renew the registration for a motor vehicle if the county 3 11 treasurer has been notified that the owner of the motor 3 12 vehicle has abandoned a different motor vehicle and that the 3 13 proceeds of the sale of the abandoned vehicle were 3 14 insufficient to pay the costs of disposal. A county treasurer 3 15 shall not register the person's current vehicle until notified 3 16 by a police authority that the person has paid for the 3 17 expenses associated with the abandoned vehicle. The costs 3 18 incurred by the police authority and costs which are paid from 3 19 the road use tax fund are an obligation of the last registered 3 20 owner or owners, jointly and severally. 3 21 This bill may contain a state mandate under chapter 25B. 3 22 If the bill contains a state mandate, it will not take effect 3 23 unless an appropriation in accordance with section 25B.2, 3 24 subsection 3, is made fully funding or funding a proportionate 3 25 share of the costs of implementing the bill. 3 26 LSB 1910HH 76 3 27 js/jw/5
Text: HF00297 Text: HF00299 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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