Text: HF02032 Text: HF02034 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.90, subsection 1, Code 2003, is 1 2 amended to read as follows: 1 3 1. GARAGEKEEPERS AND ABANDONED MOTOR VEHICLES. 1 4 a. Any motor vehicle left in a garage operated for 1 5 commercial purposes after the period for which the vehicle was 1 6 to remain on the premises shall, after notice by certified 1 7 mail to the last known registered owner of the vehicle 1 8 addressed to the owner's last known address of record to 1 9 reclaim the vehicle within ten days of the date of the notice, 1 10 be deemed an abandoned motor vehicle and reported by the 1 11 garagekeeper to the police authority unless reclaimed by the 1 12 owner withinsuchthe ten-day period or the owner notifies the 1 13 garagekeeper in writing withinsuchthe period of time that 1 14suchthe vehicle is not an abandoned motor vehicleand shall1 15be reported by the garagekeeper to the police authority. If 1 16 the identity or address of the last registered owner of the 1 17 motor vehicle cannot be determined, the vehicle shall be 1 18 deemed an abandoned motor vehicle on the eleventh day after 1 19 the period for which the vehicle was to remain on the premises 1 20 and shall be reported by the garagekeeper to the police 1 21 authority unless reclaimed by the owner within the ten-day 1 22 period or the owner notifies the garagekeeper in writing 1 23 withinsuchthe period of time thatsuchthe vehicle is not an 1 24 abandoned motor vehicleand shall be reported by the1 25garagekeeper to the police authority. 1 26 b. All abandoned motor vehicles left in garages may be 1 27 taken into custody by a police authority upon the request of 1 28 the garagekeeper and sold in accordance with the procedures 1 29 set forth in section 321.89, subsection 4, unless the motor 1 30 vehicle is reclaimed. The proceeds of the sale shall be first 1 31 applied to the garagekeeper's charges for towing,andstorage, 1 32 and repairs, and any surplus proceeds shall be distributed in 1 33 accordance with section 321.89, subsection 4. Nothing in this 1 34 section shall be construed to impair any lien of a 1 35 garagekeeper under the laws of this state, or the right of a 2 1 garagekeeper to foreclose the garagekeeper's lien, provided 2 2 that a garagekeeper shall be deemed to have abandoned the 2 3 garagekeeper's artisan lien when such vehicle is taken into 2 4 custody by the police authority. 2 5 c. If the garagekeeper is a repair shop that has performed 2 6 repairs or services on an abandoned vehicle and considers the 2 7 vehicle eligible for resale rather than demolition, the 2 8 garagekeeper may seek to obtain ownership of the vehicle 2 9 pursuant to this paragraph in lieu of seeking compensation 2 10 from the proceeds of a sale as described in paragraph "b". 2 11 After satisfying the notice requirements in paragraph "a", the 2 12 garagekeeper shall report to the police authority the identity 2 13 of the abandoned vehicle in the garagekeeper's custody and the 2 14 amount owed for towing and storage and for repairs and 2 15 services performed on the vehicle. The police authority or a 2 16 private entity designated by the police authority shall 2 17 proceed under section 321.89, subsection 3, to notify all 2 18 owners, lienholders, or claimants of their right to reclaim 2 19 the vehicle as prescribed in section 321.89, subsection 3, and 2 20 this paragraph. If a party claims possession of the vehicle, 2 21 the garagekeeper shall be entitled to reimbursement for the 2 22 amount claimed for towing, storage, repairs, and services as a 2 23 condition of releasing custody of the vehicle. If the vehicle 2 24 is not reclaimed, upon payment of the police authority's costs 2 25 for providing notice, the garagekeeper shall take title free 2 26 and clear of all liens and claims of ownership as if the 2 27 vehicle had been sold at auction under section 321.89, 2 28 subsection 4, and shall be entitled to register the vehicle 2 29 and obtain a certificate of title. 2 30 d. For the purposes of this section, "garagekeeper" means 2 31 any operator of a parking place or establishment, motor 2 32 vehicle storage facility, or establishment for the servicing, 2 33 repair, or maintenance of motor vehicles. 2 34 EXPLANATION 2 35 This bill establishes a mechanism for a motor vehicle 3 1 repair shop to obtain title to a vehicle abandoned by the 3 2 owner. Under the bill, if a garagekeeper is unable to contact 3 3 the owner of a vehicle which has been left at the garage for 3 4 service or repair, the garagekeeper may notify the police 3 5 authority of the abandonment of the vehicle and of the amount 3 6 owed for towing, storage, services, and repairs, and seek to 3 7 claim title to the vehicle. The police authority or a 3 8 designated private entity shall provide notice to any owners, 3 9 lienholders, or claimants of their right to reclaim the 3 10 vehicle upon payment of costs incurred by the police authority 3 11 and the amount owed to the garagekeeper. If a claimant comes 3 12 forward, the garagekeeper shall be compensated before 3 13 releasing custody of the vehicle. If no claimant comes 3 14 forward, the garagekeeper shall be issued the certificate of 3 15 title to the vehicle. 3 16 Currently, a garagekeeper who has performed repairs on a 3 17 wrecked vehicle that is abandoned at the repair shop must 3 18 release custody of the vehicle for sale at auction or 3 19 demolition and accept the resulting proceeds, regardless of 3 20 the amount owed or the roadworthiness of the vehicle. 3 21 LSB 5399HH 80 3 22 dea/gg/14
Text: HF02032 Text: HF02034 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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