House File 2650 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 681) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to impoundment of a motor vehicle driven by a 2 person whose driver's license is denied, canceled, suspended, 3 revoked, or barred. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6473HV 81 6 dea/sh/8 PAG LIN 1 1 Section 1. Section 321.89, subsection 1, paragraph a, 1 2 subparagraph (4), Code Supplement 2005, is amended to read as 1 3 follows: 1 4 (4) A vehicle that has been legally impounded by order of 1 5 a police authority and has not been reclaimed for a period of 1 6 ten days, or for the period required under section 321.218B. 1 7 However, a police authority may declare the vehicle abandoned 1 8within the ten=day periodsooner by commencing the 1 9 notification process in subsection 3. 1 10 Sec. 2. NEW SECTION. 321.218B DRIVING WITH SUSPENDED OR 1 11 REVOKED LICENSE == MOTOR VEHICLE IMPOUNDMENT. 1 12 1. Notwithstanding any other provision of this chapter, if 1 13 a peace officer stops a motor vehicle and discovers that the 1 14 motor vehicle operator's driver's license or operating 1 15 privilege has been denied, canceled, suspended, revoked, or 1 16 barred, the peace officer shall immediately cause the motor 1 17 vehicle operated by the person to be impounded. 1 18 2. After the expiration of thirty days, the person or 1 19 agency having physical possession of an impounded motor 1 20 vehicle shall release the vehicle to the owner upon payment of 1 21 all towing costs, storage costs not in excess of fifteen 1 22 dollars per day, and administrative fees associated with 1 23 impoundment of the motor vehicle, if either of the following 1 24 applies: 1 25 a. The owner provides satisfactory evidence that the owner 1 26 was not the operator of the motor vehicle at the time the 1 27 impoundment occurred. 1 28 b. If the owner was the operator at the time the 1 29 impoundment occurred, the owner provides satisfactory proof to 1 30 the person or agency that the owner's driver's license or 1 31 operating privilege has been reinstated. 1 32 3. A rental company that owns a motor vehicle which is 1 33 impounded pursuant to this section shall be notified of the 1 34 impoundment by the agency or person taking custody of the 1 35 motor vehicle within seventy=two hours of the impoundment of 2 1 the motor vehicle and shall have the right to claim the motor 2 2 vehicle upon the payment of all fees, towing costs, and 2 3 storage costs not in excess of fifteen dollars per day. 2 4 4. Except as provided in subsection 2 or 3 or by court 2 5 order, a motor vehicle shall remain impounded under this 2 6 section until reinstatement of the motor vehicle operator's 2 7 driving privilege and payment of all towing costs, storage 2 8 costs not in excess of fifteen dollars per day, and 2 9 administrative fees associated with impoundment of the motor 2 10 vehicle. 2 11 5. The provisions of this section do not apply to a person 2 12 whose driver's license or operating privilege is denied, 2 13 revoked, suspended, or barred under chapter 321J. 2 14 EXPLANATION 2 15 This bill requires that if a peace officer stops a motor 2 16 vehicle and discovers that the operator's driver's license or 2 17 operating privilege is denied, canceled, suspended, revoked, 2 18 or barred, the peace officer shall immediately impound the 2 19 motor vehicle. The minimum period of impoundment is 30 days. 2 20 The owner of the motor vehicle can redeem the vehicle at the 2 21 end of that time by paying all fees, towing charges, and 2 22 storage costs, which are limited in total to $15 per day. If 2 23 the owner was the operator of the vehicle at the time of 2 24 impoundment, the owner shall also provide proof of 2 25 reinstatement of the owner's driver's license or operating 2 26 privilege before the vehicle can be released. The bill 2 27 provides that a rental company which owns an impounded vehicle 2 28 must be notified within 72 hours of impoundment by the person 2 29 or agency taking custody of the vehicle, and the rental 2 30 company may then redeem the vehicle at any time by paying all 2 31 fees and the towing and storage costs. The period of 2 32 impoundment otherwise extends until reinstatement of the 2 33 driver's operating privileges. The bill does not apply to 2 34 persons sanctioned under Code chapter 321J, which provides for 2 35 impoundment of motor vehicles under circumstances relating to 3 1 driving under the influence of alcohol or controlled 3 2 substances. 3 3 The bill makes a corresponding amendment to the definition 3 4 of "abandoned vehicles", which currently provides that an 3 5 impounded vehicle is considered abandoned if it is not claimed 3 6 within 10 days, to allow for the longer impoundment periods 3 7 provided in the bill. 3 8 LSB 6473HV 81 3 9 dea:nh/sh/8