House File 255 - Introduced
HOUSE FILE
BY GREINER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to registration of vehicles by owners of
2 abandoned vehicles and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2444HH 81
5 dea/sh/8
PAG LIN
1 1 Section 1. Section 321.30, subsection 14, unnumbered
1 2 paragraph 2, Code 2005, is amended to read as follows:
1 3 15. The department or the county treasurer shall also
1 4 refuse registration of a vehicle if the applicant for
1 5 registration of the vehicle has failed to pay the required
1 6 registration fees of any vehicle owned or previously owned
1 7 when the registration fee was required to be paid by the
1 8 applicant, and for which vehicle the registration was
1 9 suspended or revoked under section 321.101, subsection 1,
1 10 paragraph "d", or section 321.101A, until the fees are paid
1 11 together with any accrued penalties.
1 12 Sec. 2. Section 321.30, Code 2005, is amended by adding
1 13 the following new subsection:
1 14 NEW SUBSECTION. 16. The department, or the county
1 15 treasurer upon notice by the department, shall refuse
1 16 registration of a vehicle if the applicant for registration of
1 17 the vehicle is a registered owner of an abandoned vehicle for
1 18 which any fines, penalties, surcharges, or court costs related
1 19 to the abandonment have not been paid, or for which there are
1 20 outstanding obligations owing pursuant to section 321.89,
1 21 subsection 3.
1 22 Sec. 3. Section 321.40, Code 2005, is amended by adding
1 23 the following new unnumbered paragraph:
1 24 NEW UNNUMBERED PARAGRAPH. The county treasurer shall
1 25 refuse to renew the registration of a vehicle registered to an
1 26 applicant if the treasurer has been notified by the department
1 27 that the applicant is a registered owner of an abandoned
1 28 vehicle for which any fines, penalties, surcharges, or court
1 29 costs related to the abandonment have not been paid, or for
1 30 which there are outstanding obligations owing pursuant to
1 31 section 321.89, subsection 3.
1 32 Sec. 4. Section 321.89, subsection 3, paragraph a, Code
1 33 2005, is amended to read as follows:
1 34 a. A police authority or private entity which that takes
1 35 into custody an abandoned vehicle shall notify, within twenty
2 1 days, by certified mail, the last known registered owner of
2 2 the vehicle, all lienholders of record, and any other known
2 3 claimant to the vehicle or to personal property found in the
2 4 vehicle, addressed to their the parties' last known addresses
2 5 of record, that the abandoned vehicle has been taken into
2 6 custody. Notice shall be deemed given when mailed. The
2 7 notice shall describe the year, make, model, and serial number
2 8 of the vehicle, describe the personal property found in the
2 9 vehicle, set forth the location of the facility where the
2 10 vehicle is being held, and inform the persons receiving the
2 11 notice of their right to reclaim the vehicle and personal
2 12 property within ten days after the effective date of the
2 13 notice upon payment of all towing, preservation, and storage
2 14 charges resulting from placing the vehicle in custody and upon
2 15 payment of the costs of notice required pursuant to this
2 16 subsection. The notice shall also state that the failure of
2 17 the owner, lienholders, or claimants to exercise their right
2 18 to reclaim the vehicle or personal property within the time
2 19 provided shall be deemed a waiver by the owner, lienholders,
2 20 and claimants of all right, title, claim, and interest in the
2 21 vehicle or personal property and that failure to reclaim the
2 22 vehicle or personal property is deemed consent to the sale of
2 23 the vehicle at a public auction or disposal of the vehicle to
2 24 a demolisher and to disposal of the personal property by sale
2 25 or destruction. The notice shall state that any person
2 26 claiming rightful possession of the vehicle or personal
2 27 property who disputes the planned disposition of the vehicle
2 28 or property by the police authority or private entity or of
2 29 the assessment of fees and charges provided by this section
2 30 may ask for an evidentiary hearing before the police authority
2 31 to contest those matters. If the persons receiving the notice
2 32 do not ask for a hearing or exercise their right to reclaim
2 33 the vehicle or personal property within the ten=day reclaiming
2 34 period, the owner, lienholders, or claimants shall no longer
2 35 have any right, title, claim, or interest in or to the vehicle
3 1 or the personal property. A court in any case in law or
3 2 equity shall not recognize any right, title, claim, or
3 3 interest of the owner, lienholders, or claimants, after the
3 4 expiration of the ten=day reclaiming period. However, all
3 5 expenses related to towing, impoundment, custody, or storage
3 6 and, if applicable, sale or disposal of the abandoned vehicle
3 7 and personal property, including the costs of notice and
3 8 publication, are the obligation of the registered owner of the
3 9 vehicle. The notice shall state that the department may
3 10 refuse to register or renew the registration of another
3 11 vehicle in the owner's name as long as any part of that
3 12 obligation or any related fine, penalty, surcharge, or court
3 13 costs remain unpaid.
3 14 Sec. 5. Section 321.89, subsection 4, unnumbered paragraph
3 15 3, Code 2005, is amended to read as follows:
3 16 The director of transportation shall establish by rule a
3 17 claims procedure to be followed by police authorities in
3 18 obtaining expenses and costs from the fund. If a private
3 19 entity has been hired, the police authority may file a claim
3 20 with the department for reimbursement of towing fees which
3 21 shall be paid from the road use tax fund. The department
3 22 shall maintain a list of vehicle owners obligated for expenses
3 23 and costs paid from the fund and shall make the list available
3 24 to county treasurers for the purpose of refusal of vehicle
3 25 registration pursuant to sections 321.30 and 321.40.
3 26 Sec. 6. Section 602.8102, Code 2005, is amended by adding
3 27 the following new subsection:
3 28 NEW SUBSECTION. 50B. Assist the state department of
3 29 transportation in refusing registration of motor vehicles,
3 30 pursuant to section 321.30 or 321.40, by persons who fail to
3 31 timely pay criminal fines or penalties, surcharges, or court
3 32 costs related to the violation of a law regulating abandonment
3 33 of motor vehicles.
3 34 Sec. 7. EFFECTIVE DATE. This Act takes effect January 1,
3 35 2006.
4 1 EXPLANATION
4 2 This bill provides that a person who is the registered
4 3 owner of an abandoned vehicle, and who is obligated for
4 4 expenses related to towing, impoundment, custody, storage,
4 5 sale, or disposal of the vehicle or related personal property,
4 6 shall be refused new registration or registration renewal of
4 7 another vehicle until all such obligations, and any applicable
4 8 fines, penalties, surcharges, or court costs, are paid in
4 9 full. The general notice sent to owners, lienholders, and
4 10 claimants of abandoned vehicles shall include notice of the
4 11 potential refusal of registration. The state department of
4 12 transportation is to notify county treasurers of those persons
4 13 who are to be refused motor vehicle registration or renewal.
4 14 The clerks of court are to assist the department in
4 15 identifying owners of abandoned motor vehicles with
4 16 outstanding debts owed to the court.
4 17 The bill takes effect January 1, 2006.
4 18 LSB 2444HH 81
4 19 dea:nh/sh/8