Text: SF00242 Text: SF00244 Text: SF00200 - SF00299 Text: SF 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 1910SS 76
3 27 js/jw/5
Text: SF00242 Text: SF00244 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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