Senate
File
232
-
Enrolled
Senate
File
232
AN
ACT
RELATING
TO
NOTICE
AND
RECLAMATION
REQUIREMENTS
FOR
ABANDONED
VEHICLES
TAKEN
INTO
CUSTODY
BY
A
POLICE
AUTHORITY
OR
PRIVATE
ENTITY.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321.89,
subsection
3,
Code
2021,
is
amended
to
read
as
follows:
3.
Notification
of
owner,
lienholders,
and
other
claimants.
a.
A
police
authority
or
private
entity
that
takes
into
custody
an
abandoned
vehicle
shall
notify,
within
send
notice
by
certified
mail
that
the
vehicle
has
been
taken
into
custody
no
more
than
twenty
days
,
by
certified
mail,
after
taking
custody
of
the
vehicle.
Notice
shall
be
sent
to
the
last
known
address
of
record
of
the
last
known
registered
owner
of
the
vehicle,
all
lienholders
of
record,
and
any
other
known
claimant
to
the
vehicle
or
to
personal
property
found
in
the
vehicle,
addressed
to
the
parties’
last
known
addresses
of
record,
that
the
abandoned
vehicle
has
been
taken
into
custody
.
b.
Notice
shall
be
deemed
given
when
mailed.
The
notice
shall
describe
include
all
of
the
following:
(1)
A
description
of
the
year,
make,
model,
and
vehicle
identification
number
of
the
vehicle
,
describe
the
personal
property
found
in
the
vehicle,
set
forth
the
.
(2)
The
location
of
the
facility
where
the
vehicle
is
being
held
,
and
inform
.
(3)
Information
for
the
persons
receiving
the
notice
of
Senate
File
232,
p.
2
their
right
to
reclaim
the
vehicle
and
personal
property
contained
therein
within
ten
days
after
the
effective
date
of
the
notice
.
Persons
may
reclaim
the
vehicle
or
personal
property
upon
payment
of
all
towing,
preservation,
and
storage
charges
resulting
from
placing
the
vehicle
in
custody
and
upon
payment
of
the
costs
of
notice
required
pursuant
to
this
subsection
.
The
notice
shall
also
state
(4)
A
statement
that
the
failure
of
the
owner,
lienholders,
or
claimants
to
exercise
their
right
to
reclaim
the
vehicle
or
personal
property
within
the
time
provided
shall
be
deemed
a
waiver
by
the
owner,
lienholders,
and
claimants
of
all
right,
title,
claim,
and
interest
in
the
vehicle
or
personal
property
and
.
(5)
A
statement
that
failure
to
reclaim
the
vehicle
or
personal
property
is
deemed
consent
for
the
police
authority
or
private
entity
to
the
sale
of
sell
the
vehicle
at
a
public
auction
or
disposal
dispose
of
the
vehicle
to
a
demolisher
and
to
disposal
dispose
of
the
personal
property
by
sale
or
destruction.
c.
If
the
abandoned
vehicle
was
taken
into
custody
by
a
private
entity
without
a
police
authority’s
initiative,
the
notice
shall
state
that
the
private
entity
may
claim
a
garagekeeper’s
lien
as
described
in
section
321.90,
subsection
1
,
and
may
proceed
to
sell
or
dispose
of
the
vehicle.
d.
If
the
abandoned
vehicle
was
taken
into
custody
by
a
police
authority
or
by
a
private
entity
hired
by
a
police
authority,
the
notice
shall
state
that
any
person
claiming
rightful
possession
of
the
vehicle
or
personal
property
who
disputes
the
planned
disposition
of
the
vehicle
or
personal
property
by
the
police
authority
or
private
entity
or
of
the
assessment
of
fees
and
charges
provided
by
this
section
may
ask
for
an
evidentiary
hearing
before
the
police
authority
to
contest
those
matters.
e.
If
the
persons
receiving
notice
do
not
ask
for
a
hearing
or
exercise
their
right
to
reclaim
the
vehicle
or
personal
property
within
the
ten-day
reclaiming
period,
the
owner,
lienholders,
or
claimants
shall
no
longer
have
any
right,
title,
claim,
or
interest
in
or
to
the
vehicle
or
the
personal
property.
Senate
File
232,
p.
3
f.
A
court
in
any
case
in
law
or
equity
shall
not
recognize
any
right,
title,
claim,
or
interest
of
the
owner,
lienholders,
or
claimants
after
the
expiration
of
the
ten-day
reclaiming
period.
b.
g.
If
it
is
impossible
to
determine
with
reasonable
certainty
the
identity
identities
and
addresses
of
the
last
registered
owner
and
all
lienholders,
notice
by
one
publication
in
one
newspaper
of
general
circulation
in
the
area
where
the
vehicle
was
abandoned
shall
be
sufficient
to
meet
all
requirements
of
notice
under
this
section
.
The
published
notice
may
contain
multiple
listings
of
abandoned
vehicles
and
personal
property
but
shall
be
published
within
the
same
time
requirements
and
contain
the
same
information
as
prescribed
for
mailed
notice
in
paragraph
“a”
this
subsection
.
Sec.
2.
Section
321.89,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3A.
Reclamation
of
abandoned
vehicles.
Prior
to
driving
an
abandoned
vehicle
away
from
the
premises,
a
person
who
received
or
who
is
reclaiming
the
vehicle
of
behalf
of
a
person
who
received
notice
under
subsection
3
shall
present
to
the
police
authority
or
private
entity,
as
applicable,
the
person’s
valid
driver’s
license
and
proof
of
financial
liability
coverage
as
provided
in
section
321.20B.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
232,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor