House File 2617 H-8140 Amend House File 2617 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 321.88, Code 2026, is amended to read 4 as follows: 5 321.88 Failure of owner to claim. 6 If the owner does not appear within forty days, the motor 7 vehicle shall be deemed abandoned and the officer having 8 possession of the motor vehicle shall proceed as provided in 9 section 321.89 , subsections 3 and 5 . 10 Sec. 2. Section 321.89, Code 2026, is amended by striking 11 the section and inserting in lieu thereof the following: 12 321.89 Abandoned vehicles. 13 1. Authority to tow and impound. An abandoned vehicle may 14 be towed and impounded as follows: 15 a. If an abandoned vehicle is located on public property: 16 (1) Except as provided in subparagraph (2), a police 17 authority shall tow and impound the vehicle. 18 (2) Alternatively, a police authority may hire a 19 garagekeeper to tow and impound the vehicle, and the police 20 authority shall provide the garagekeeper with the name and 21 address of the registered owner and, if applicable, any 22 lienholder and known claimants of the vehicle. 23 b. If an abandoned vehicle is located on private property: 24 (1) A police authority may tow and impound the vehicle. 25 (2) A person who owns the private property or is otherwise 26 in control of the private property may hire a garagekeeper 27 to tow and impound the abandoned vehicle without a police 28 authority’s initiative. 29 2. Required notice. 30 a. Within ten days after towing an abandoned vehicle, 31 the person who impounded the vehicle shall give notice to 32 the registered owner of the vehicle and, if applicable, any 33 lienholder and known claimants of the vehicle. 34 b. Notice must include all of the following: 35 -1- HF 2617.3165 (1) 91 th/ns 1/ 10 #1.

(1) A description of the year, make, model, and vehicle 1 identification number of the vehicle. 2 (2) The location of the vehicle. 3 (3) A statement that the person has twenty days to reclaim 4 the vehicle or personal property from inside the vehicle, and 5 that the twenty-day reclamation period began on the date the 6 notice was given. 7 (4) A statement that the vehicle cannot be reclaimed until 8 the person pays all towing and impound fees and the costs of 9 giving notice. 10 (5) A statement that the registered owner may retrieve 11 personal property from inside the vehicle without reclaiming 12 the vehicle or paying a fee, and that the registered owner will 13 have only one opportunity to retrieve the personal property. 14 (6) A statement that failure to reclaim the vehicle or 15 personal property within twenty days after notice was given 16 constitutes a waiver of any interest in the vehicle or personal 17 property. 18 (7) A statement that failure to reclaim the vehicle 19 or personal property is deemed consent for the person who 20 impounded the vehicle to sell or dispose of the vehicle and 21 personal property inside the vehicle, as applicable. 22 (8) If the abandoned vehicle was taken into custody by 23 a garagekeeper without a police authority’s initiative, a 24 statement that the garagekeeper may claim a lien as described 25 in section 321.90, subsection 1. 26 (9) If the abandoned vehicle was taken into custody by 27 a police authority or by a garagekeeper hired by a police 28 authority, a statement that a person who disputes the 29 assessment of fees or the planned disposition of the vehicle or 30 personal property may request an evidentiary hearing before the 31 police authority to contest those matters. 32 c. Notice shall be deemed given when mailed if notice 33 is sent by certified mail, regular mail, or parcel delivery 34 service with a tracking number. Alternatively, a peace officer 35 -2- HF 2617.3165 (1) 91 th/ns 2/ 10

may give notice by personally delivering a copy of the notice 1 to the proper person who must sign an affidavit of service and 2 such notice shall be deemed given when delivered. 3 d. Notwithstanding paragraph “a” , if it is impossible to 4 determine with reasonable certainty the identity and address 5 of the last registered owner or any lienholder, notice by one 6 publication in one newspaper of general circulation in the area 7 where the vehicle was abandoned is sufficient. The published 8 notice shall be published within the same time requirements 9 and provide the same information required under paragraph “b” . 10 Notice published in a newspaper may contain multiple listings 11 of abandoned vehicles. 12 e. A garagekeeper that impounds an abandoned vehicle shall 13 display at the garagekeeper’s place of business in a manner 14 that is readily visible to visitors and on the garagekeeper’s 15 internet site, if applicable, the garagekeeper’s hours of 16 operation, telephone number, and corporate or business name, 17 if applicable. 18 f. A garagekeeper that tows an abandoned vehicle shall 19 display on both sides of the towing vehicle, in a manner that 20 is readily visible, the garagekeeper’s corporate or business 21 name, if applicable, address, and telephone number. 22 3. Reclamation. 23 a. The registered owner of an abandoned vehicle may reclaim 24 the vehicle upon payment of all towing, notice, and impoundment 25 fees. For purposes of calculating impoundment fees, a 26 garagekeeper shall not charge a fee based on calendar days, but 27 may charge a fee based on periods of twenty-four hours. 28 b. A garagekeeper shall provide an itemized invoice that 29 includes the vehicle identification number and describes all 30 fees assessed when a vehicle is reclaimed. When a garagekeeper 31 ceases a tow and returns the vehicle to the registered owner, 32 the garagekeeper shall accept payment by credit card, subject 33 to a card-use surcharge, if applicable, in addition to other 34 forms of payment. A garagekeeper that has custody of an 35 -3- HF 2617.3165 (1) 91 th/ns 3/ 10

abandoned vehicle shall not charge a storage fee for a day that 1 the garagekeeper is not open to the public for at least eight 2 hours. 3 c. Prior to driving an abandoned vehicle away from the 4 premises, the registered owner shall present to the police 5 authority or garagekeeper, as applicable, a valid driver’s 6 license and proof of financial liability coverage as provided 7 in section 321.20B. 8 4. Personal property retrieval. The registered owner of 9 an abandoned vehicle may retrieve personal property only once 10 while a garagekeeper has custody of the owner’s vehicle and 11 only during the normal business hours of the garagekeeper. 12 The registered owner must provide the garagekeeper a written 13 list of the personal property that is inside the vehicle and 14 the garagekeeper shall gather the listed personal property 15 from inside the vehicle and hand the personal property to 16 the registered owner. Retrieving personal property does not 17 constitute reclaiming the vehicle. 18 5. Inspection. A lienholder who receives notice under 19 subsection 2 may inspect the condition of an impounded vehicle. 20 A garagekeeper may charge a lienholder a fee not to exceed one 21 hundred dollars to inspect the vehicle. If such a request is 22 made and when the fee is paid, the garagekeeper shall allow 23 a representative of the lienholder onto the garagekeeper’s 24 premises to inspect the vehicle, subject to safety and security 25 procedures established by the garagekeeper for the area where 26 vehicles are stored. 27 6. Recordkeeping. A garagekeeper shall keep a record of 28 the relevant details of each abandoned vehicle the garagekeeper 29 towed or impounded for at least three years after the vehicle 30 was reclaimed or sold. 31 7. Limited liability. An owner, lienholder, or other 32 claimant of an abandoned vehicle shall not have a cause of 33 action against a garagekeeper for action taken pursuant to this 34 section if the garagekeeper provided notice in accordance with 35 -4- HF 2617.3165 (1) 91 th/ns 4/ 10

subsection 2. 1 8. Failure to act. If a person who received notice did not 2 ask for a hearing, reclaim an abandoned vehicle, or retrieve 3 personal property within the twenty-day reclaiming period, the 4 person forfeits ownership of the vehicle and a court shall not 5 recognize the person’s title, right, claim, or interest in the 6 abandoned vehicle, or personal property inside the vehicle. 7 9. Vehicles sold for highway use. 8 a. If an abandoned vehicle has not been reclaimed, the 9 person who impounded the vehicle shall make a determination as 10 to whether the vehicle will be sold for use upon the highways. 11 If the vehicle is sold for use upon the highways, the vehicle 12 shall be sold at a public auction. 13 b. The purchaser of an abandoned vehicle sold at a public 14 auction takes title free and clear of all liens and claims of 15 ownership and is entitled to register the vehicle and receive 16 a certificate of title. The person who impounded the vehicle 17 shall provide a sales receipt to the purchaser. 18 10. Vehicles sold for junk or scrap. 19 a. If an abandoned vehicle has not been reclaimed and is not 20 sold at public auction for use upon the highways, it shall be 21 sold for junk, or demolished and sold as scrap. 22 b. The purchaser of an abandoned vehicle sold for junk or 23 scrap takes title free and clear of all liens and claims of 24 ownership. The person who impounded the vehicle shall provide 25 a sales receipt to the purchaser. 26 c. If the vehicle is sold to a demolisher for junk, the 27 demolisher shall make application for a junking certificate 28 to the county treasurer within thirty days of purchase and 29 shall surrender the sales receipt in lieu of the certificate of 30 title. 31 11. Sale proceeds. 32 a. If a police authority did not hire a garagekeeper, the 33 police authority shall reimburse itself from the proceeds 34 of the sale of an abandoned vehicle. Except for costs of 35 -5- HF 2617.3165 (1) 91 th/ns 5/ 10

bookkeeping and other administrative costs, the police 1 authority may retain proceeds from the sale for expenses 2 incurred, including but not limited to expenses for any of the 3 following: 4 (1) The public auction. 5 (2) Towing the vehicle. 6 (3) Impounding the vehicle. 7 (4) Giving notice pursuant to subsection 2. 8 (5) Inspecting the vehicle. 9 b. Any remainder from the proceeds of a sale shall be held 10 for the owner of the vehicle or lienholder for ninety days. 11 After ninety days, unclaimed proceeds shall be deposited in the 12 road use tax fund. 13 c. If the proceeds from a sale of an abandoned vehicle 14 are insufficient to cover the incurred expenses, the police 15 authority shall be paid from the road use tax fund. The last 16 owner of the vehicle is liable for reimbursing the road use tax 17 fund, including jointly and severally if there was more than 18 one owner. 19 d. If a garagekeeper sells an abandoned vehicle at a public 20 auction, the garagekeeper may retain all proceeds from the 21 sale. 22 e. The department shall adopt rules pursuant to chapter 23 17A providing a claims process for a police authority to 24 obtain moneys from the road use tax fund to cover expenses 25 incurred, including expenses owed to a garagekeeper hired by 26 a police authority to tow and impound an abandoned vehicle. 27 If a garagekeeper was hired by a police authority, the 28 police authority shall file a claim with the department for 29 reimbursement of towing fees which shall be paid from the road 30 use tax fund. 31 12. Definitions. As used in this section, and sections 32 321.90 and 321.91: 33 a. “Abandoned vehicle” means any of the following: 34 (1) A vehicle that has been left unattended on public 35 -6- HF 2617.3165 (1) 91 th/ns 6/ 10

property for more than twenty-four hours and lacks current 1 registration plates or two or more wheels or other parts which 2 render the vehicle totally inoperable. 3 (2) A vehicle that has remained illegally on public property 4 for more than twenty-four hours. 5 (3) A vehicle that has been illegally parked on private 6 property or has been placed on private property without the 7 consent of the owner or person in control of the property for 8 more than twenty-four hours. 9 (4) A vehicle that has been legally impounded by order of 10 a police authority and has not been reclaimed for a period 11 of ten days. However, a police authority may declare the 12 vehicle abandoned within the ten-day period by commencing the 13 notification process in subsection 2. 14 (5) A vehicle parked on a highway determined by a police 15 authority to create a hazard to other vehicle traffic. 16 (6) A vehicle that has been impounded pursuant to section 17 321J.4B by order of a court and the vehicle owner has not paid 18 the impoundment fees after notification by the person or agency 19 responsible for impounding the vehicle. 20 b. “Demolisher” means a person licensed under chapter 321H 21 whose business it is to convert a vehicle to junk, processed 22 scrap, or scrap metal, or otherwise to wreck or dismantle 23 vehicles. 24 c. “Garagekeeper” means any operator of a parking place or 25 establishment, motor vehicle storage facility, or establishment 26 for the servicing, repair, or maintenance of motor vehicles. 27 d. “Personal property” means property that is located inside 28 an abandoned vehicle and not attached to the vehicle. 29 e. “Police authority” means the state patrol, any law 30 enforcement agency of a county or city, or any special security 31 officer employed by the state board of regents under section 32 262.13. 33 Sec. 3. Section 321.90, subsection 1, Code 2026, is amended 34 to read as follows: 35 -7- HF 2617.3165 (1) 91 th/ns 7/ 10

1. Garagekeepers and abandoned motor vehicles. Any motor 1 vehicle left in a garage operated for commercial purposes 2 after the period for which the vehicle was to remain on the 3 premises shall, after notice by certified mail to the last 4 known registered owner of the vehicle addressed to the owner’s 5 last known address of record to reclaim the vehicle within 6 ten days of the date of the notice, be deemed an abandoned 7 motor vehicle unless reclaimed by the owner within such ten-day 8 period or the owner notifies the garagekeeper in writing within 9 such period of time that such vehicle is not an abandoned motor 10 vehicle and shall be reported by the garagekeeper to the police 11 authority. If the identity or address of the last registered 12 owner of the motor vehicle cannot be determined, the vehicle 13 shall be deemed an abandoned motor vehicle on the eleventh 14 day after the period for which the vehicle was to remain on 15 the premises unless reclaimed by the owner within the ten-day 16 period or the owner notifies the garagekeeper in writing within 17 such period of time that such vehicle is not an abandoned motor 18 vehicle and shall be reported by the garagekeeper to the police 19 authority. All abandoned motor vehicles left in garages may 20 be taken into custody by a police authority upon the request 21 of the garagekeeper and sold in accordance with the procedures 22 set forth in section 321.89, subsection 5, unless the motor 23 vehicle is reclaimed. The proceeds of the sale shall be first 24 applied to the garagekeeper’s charges for towing and storage, 25 and any surplus proceeds shall be distributed in accordance 26 with section 321.89 , subsection 5 . Nothing in this section 27 shall be construed to impair any lien of a garagekeeper under 28 the laws of this state, or the right of a garagekeeper to 29 foreclose the garagekeeper’s lien, provided that a garagekeeper 30 shall be deemed to have abandoned the garagekeeper’s artisan 31 lien when such vehicle is taken into custody by the police 32 authority. For the purposes of this section “garagekeeper” 33 means any operator of a parking place or establishment, motor 34 vehicle storage facility, or establishment for the servicing, 35 -8- HF 2617.3165 (1) 91 th/ns 8/ 10

repair, or maintenance of motor vehicles. 1 Sec. 4. Section 321.90, subsection 2, paragraphs c, d, e, 2 and g, Code 2026, are amended to read as follows: 3 c. If the police authority finds that the application is 4 executed in proper form, and shows that the motor vehicle 5 has been abandoned upon the property of the applicant, or if 6 it shows that the motor vehicle is not abandoned but that 7 the applicant appears to be the rightful owner, the police 8 authority shall follow appropriate notification procedures 9 as set forth in section 321.89, subsection 3, except that in 10 the case of an order for disposal obtained pursuant to section 11 555B.8, subsection 3 , no notification is required. 12 d. If the abandoned motor vehicle is not reclaimed in 13 accordance with section 321.89, subsection 3, or no lienholder 14 objects to the disposal in the case of an owner-applicant, 15 the police authority shall give the applicant a certificate 16 of authority allowing the applicant to obtain a junking 17 certificate for the motor vehicle. The applicant shall make 18 application for a junking certificate to the county treasurer 19 within thirty days of receipt of the certificate of authority 20 and surrender the certificate of authority in lieu of the 21 certificate of title. The demolisher shall accept the junking 22 certificate in lieu of the certificate of title to the motor 23 vehicle. 24 e. Notwithstanding any other provisions of this section and 25 sections 321.89 and 321.91 , any person, firm, corporation, or 26 unit of government upon whose property or in whose possession 27 is found any abandoned motor vehicle, or any person being 28 the owner of a motor vehicle whose title certificate is 29 faulty, lost, or destroyed, may dispose of such motor vehicle 30 to a demolisher for junk without a title and without the 31 notification procedures of section 321.89, subsection 3, if the 32 motor vehicle lacks an engine or two or more wheels or other 33 structural part which renders the vehicle totally inoperable. 34 The police authority shall give the applicant a certificate 35 -9- HF 2617.3165 (1) 91 th/ns 9/ 10

of authority. The owner shall apply to the county treasurer 1 for a junking certificate within thirty days of receipt of the 2 certificate of authority and shall surrender the certificate of 3 authority in lieu of the certificate of title. 4 g. Any proceeds from the sale of an abandoned motor vehicle 5 to a demolisher under this section , by one other than the 6 owner of the vehicle, except the sale of a vehicle pursuant 7 to an order for disposal obtained pursuant to section 555B.8, 8 subsection 3 , shall first be applied to that person’s expenses 9 in effecting the sale, including storage, towing, and disposal 10 charges, and any surplus shall be distributed in accordance 11 with section 321.89 , subsection 5 . The proceeds from the sale 12 of a vehicle disposed of pursuant to section 555B.8, subsection 13 3 , shall be distributed in accordance with section 555B.9 . > 14 ______________________________ JONES of Clay -10- HF 2617.3165 (1) 91 th/ns 10/ 10