Text: S05035 Text: S05037 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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 underchapterchapters 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 underchapterchapters 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 39chapterchapters 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 section809.12809.12A. 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 andforfeitable4 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 SF 482H 4 42 mk/pk/25
Text: S05035 Text: S05037 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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