Senate Amendment to House File 2617 H-8460 Amend House File 2617, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 321.89, Code 2026, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 2A. Cease and release. When a private 7 entity ceases a tow after attaching towing equipment to an 8 abandoned vehicle and releases the vehicle to the registered 9 owner or operator prior to removing the vehicle from the 10 location where the vehicle was abandoned, the private entity 11 shall accept payment by credit card, in addition to other forms 12 of payment, for any fee charged to release the vehicle. 13 Sec. 2. Section 321.89, subsection 3, paragraphs a, e, and 14 f, Code 2026, are amended to read as follows: 15 a. A police authority or private entity that takes into 16 custody an abandoned vehicle shall send notice by certified 17 mail that the vehicle has been taken into custody no more than 18 twenty ten days after taking custody of the vehicle. Notice 19 shall be sent to the last known address of record of the last 20 known registered owner of the vehicle, all lienholders of 21 record, and any other known claimant to the vehicle. 22 e. If the persons receiving notice do not ask for a hearing 23 or exercise their right to reclaim the vehicle or personal 24 property within the ten-day twenty-day reclaiming period, the 25 owner, lienholders, or claimants shall no longer have any 26 right, title, claim, or interest in or to the vehicle or the 27 personal property. 28 f. A court in any case in law or equity shall not recognize 29 any right, title, claim, or interest of the owner, lienholders, 30 or claimants after the expiration of the ten-day twenty-day 31 reclaiming period. 32 Sec. 3. Section 321.89, subsection 3, paragraph b, 33 subparagraph (3), Code 2026, is amended to read as follows: 34 (3) Information for the persons receiving the notice of 35 -1- HF 2617.4472.S (1) 91 mb 1/ 4 #1.

their right to reclaim the vehicle and personal property 1 contained therein within ten twenty days after the effective 2 date of the notice. Persons may reclaim the vehicle or 3 personal property upon payment of all towing, preservation, and 4 storage charges resulting from placing the vehicle in custody 5 and upon payment of the costs of notice required pursuant to 6 this subsection . 7 Sec. 4. Section 321.89, Code 2026, is amended by adding the 8 following new subsections: 9 NEW SUBSECTION . 3A. Abandoned vehicles in custody. 10 a. A lienholder of record who received notice under 11 subsection 3 may request information regarding the condition 12 of the abandoned vehicle. A private entity with custody of 13 an abandoned vehicle may charge the lienholder of record an 14 inspection fee not to exceed one hundred dollars. If such 15 request is made and when the fee is paid, the private entity 16 with custody of the abandoned vehicle shall satisfy the 17 request by either allowing a representative of the lienholder 18 of record onto the premises to inspect the vehicle, subject 19 to policies established by the private entity to promote 20 safety and security of the premises, or by sending photos 21 that sufficiently depict the condition of the vehicle to the 22 lienholder of record so that the lienholder can reasonably 23 ascertain the condition of the vehicle. 24 b. (1) While a private entity has custody of an abandoned 25 vehicle, a registered owner may reclaim personal property that 26 is not attached to the vehicle on one occasion during the 27 twenty-day vehicle reclamation period. The registered owner 28 shall provide the private entity a written list identifying 29 the personal property to be reclaimed from inside the vehicle, 30 which shall be reclaimed during the normal business hours of 31 the private entity. Reclaiming personal property from within 32 the vehicle does not constitute reclaiming the vehicle. A 33 private entity may determine the manner in which personal 34 property is retrieved from a vehicle subject to safety and 35 -2- HF 2617.4472.S (1) 91 mb 2/ 4

security procedures established by the private entity for 1 the area where the vehicle is stored. Retrieval of personal 2 property does not constitute a waiver of the private entity’s 3 lien upon the vehicle or any remaining contents in the private 4 entity’s custody, if applicable. 5 (2) For purposes of this paragraph, “personal property” is 6 limited to items that are readily accessible from the vehicle 7 and that do not require dismantling of any part of the vehicle, 8 including all of the following: 9 (a) Prescription medication for the vehicle owner or for a 10 legal dependent of the vehicle owner. 11 (b) Prosthetic devices, durable medical equipment, and 12 mobility enhancing equipment as defined under 701 IAC 220.7. 13 (c) Child care items. 14 (d) Uniforms or clothing required for the vehicle owner’s 15 employment. 16 (e) Personal identification. 17 (f) Credit cards or debit cards. 18 (g) A cellular telephone. 19 (h) A portable or mobile computer including but not limited 20 to a tablet. 21 (i) Tools of trade which are essential equipment, 22 instruments, or machinery required to perform a specific job, 23 profession, or craft in which the vehicle owner is currently 24 employed. 25 (j) A purse or wallet. 26 (k) Essential documents or records relating to legal, 27 financial, tax, or employment matters. 28 (l) Prescription eyeglasses. 29 (m) Hearing aids. 30 (n) Dentures. 31 (o) Keys not associated with the vehicle in the custody of 32 the private entity. 33 NEW SUBSECTION . 3B. Display of charges. A private entity 34 that takes custody of an abandoned vehicle shall display at the 35 -3- HF 2617.4472.S (1) 91 mb 3/ 4

entity’s place of business in a manner that is readily visible 1 to visitors and on the entity’s internet site, if applicable, 2 the daily storage and impound fees the entity will charge. 3 NEW SUBSECTION . 6. Preemption. This section shall be 4 implemented uniformly throughout the state. This section 5 preempts any county or municipal ordinance regarding the towing 6 of an abandoned vehicle. 7 Sec. 5. Section 321.89, subsection 4, Code 2026, is amended 8 to read as follows: 9 4. Reclamation of abandoned vehicles. A private entity 10 with custody of an abandoned vehicle shall provide an itemized 11 account of all fees assessed to the registered owner when 12 the registered owner reclaims the vehicle. Prior to driving 13 an abandoned vehicle away from the premises, a person who 14 received or who is reclaiming the vehicle on behalf of a person 15 who received notice under subsection 3 the registered owner 16 shall present to the police authority or private entity, as 17 applicable, the person’s valid driver’s license and proof of 18 financial liability coverage as provided in section 321.20B . 19 Sec. 6. Section 321.90, subsection 2, paragraph f, Code 20 2026, is amended to read as follows: 21 f. The If notice was provided in accordance with section 22 321.89, subsection 3, and an abandoned motor vehicle was not 23 reclaimed, the owner of an abandoned motor vehicle and all 24 lienholders shall no longer have any right, title, claim, or 25 interest in or to the motor vehicle; and no court in any case 26 in law or equity shall recognize any right, title, claim, or 27 interest of any owner or lienholders after the disposal of the 28 motor vehicle to a demolisher. > 29 -4- HF 2617.4472.S (1) 91 mb 4/ 4