Text: HSB00208 Text: HSB00210 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.89, subsection 3, paragraph a, Code 1 2 2003, is amended to read as follows: 1 3 a. A police authority or private entity which takes into 1 4 custody an abandoned vehicle shall notify, within twenty days, 1 5 by certified mail, the last known registered owner of the 1 6 vehicle, all lienholders of record, and any other known 1 7 claimant to the vehicle or to personal property found in the 1 8 vehicle, addressed to their last known addresses of record, 1 9 that the abandoned vehicle has been taken into custody. 1 10 Notice shall be deemed given when mailed. The notice shall 1 11 describe the year, make, model, and serial number of the 1 12 vehicle, describe the personal property found in the vehicle, 1 13 and set forth the location of the facility where the vehicle 1 14 is being held, and. The notice shall also inform the persons 1 15 receiving the notice of their right to reclaim the vehicle and 1 16 personal property within ten days after the effective date of 1 17 the notice upon payment of all towing, preservation, and 1 18 storage charges resulting from placing the vehicle in custody, 1 19and uponpayment of the costs of notice required pursuant to 1 20 this subsection, and payment of all delinquent parking 1 21 violations related to the vehicle authorized under section 1 22 321.236, 321.239, 321.358, 321.360, or 321.361 if an ordinance 1 23 has been adopted permitting such payment. The notice shall 1 24 also state that the failure of the owner, lienholders, or 1 25 claimants to exercise their right to reclaim the vehicle or 1 26 personal property within the time provided shall be deemed a 1 27 waiver by the owner, lienholders, and claimants of all right, 1 28 title, claim, and interest in the vehicle or personal property 1 29 and that failure to reclaim the vehicle or personal property 1 30 is deemed consent to the sale of the vehicle at a public 1 31 auction or disposal of the vehicle to a demolisher and to 1 32 disposal of the personal property by sale or destruction. The 1 33 notice shall state that any person claiming rightful 1 34 possession of the vehicle or personal property who disputes 1 35 the planned disposition of the vehicle or property by the 2 1 police authority or private entity or of the assessment of 2 2 fees and charges provided by this section may ask for an 2 3 evidentiary hearing before the police authority to contest 2 4 those matters. If the persons receiving the notice do not ask 2 5 for a hearing or exercise their right to reclaim the vehicle 2 6 or personal property within the ten-day reclaiming period, the 2 7 owner, lienholders, or claimants shall no longer have any 2 8 right, title, claim, or interest in or to the vehicle or the 2 9 personal property. A court in any case in law or equity shall 2 10 not recognize any right, title, claim, or interest of the 2 11 owner, lienholders, or claimants, after the expiration of the 2 12 ten-day reclaiming period. 2 13 EXPLANATION 2 14 This bill relates to the payment of delinquent motor 2 15 vehicle parking violations on an abandoned motor vehicle. 2 16 The bill provides that if a police authority impounds an 2 17 abandoned motor vehicle, a person reclaiming the vehicle shall 2 18 pay all delinquent parking violations before the vehicle is 2 19 released. Current law requires the owner to pay the costs 2 20 related to towing, preservation, storage, and providing the 2 21 notice in order for the vehicle to be released. 2 22 A local authority must adopt an ordinance requiring the 2 23 payment of delinquent motor vehicle parking violations prior 2 24 to collecting such payments under the bill. 2 25 LSB 2419HC 80 2 26 jm/pj/5
Text: HSB00208 Text: HSB00210 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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