Text: HSB00208                          Text: HSB00210
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 209

Bill Text

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 19 and upon payment 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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