Senate File 2110 - Introduced
SENATE FILE
BY LAMBERTI
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring impoundment of a motor vehicle for certain motor
2 vehicle licensure and proof of financial responsibility
3 offenses.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5826SS 81
6 dea/sh/8
PAG LIN
1 1 Section 1. Section 321.20B, subsection 4, paragraph a,
1 2 subparagraph (3), Code 2005, is amended by striking the
1 3 subparagraph.
1 4 Sec. 2. Section 321.20B, subsection 4, paragraph a,
1 5 subparagraph (4), Code 2005, is amended to read as follows:
1 6 (4) (a) Issue If the person has previously been charged
1 7 and cited for a violation of subsection 1 which was not
1 8 subsequently dismissed, issue a citation, remove the motor
1 9 vehicle's license plates and registration receipt, and impound
1 10 the motor vehicle. The peace officer shall deliver the plates
1 11 for destruction, as appropriate, and forward the registration
1 12 receipt and evidence of the violation, as determined by the
1 13 department, to the county treasurer of the county in which the
1 14 motor vehicle is registered.
1 15 (b) A motor vehicle which is impounded may be claimed by a
1 16 person if the owner provides proof of financial liability
1 17 coverage and proof of payment of any applicable fine, and the
1 18 costs of towing the vehicle, and storage for the motor vehicle
1 19 costs not to exceed fifteen dollars per day. If the motor
1 20 vehicle is not claimed within thirty days after impoundment,
1 21 the motor vehicle may be treated as an abandoned vehicle
1 22 pursuant to section 321.89.
1 23 (c) The holder of a security interest in a A rental
1 24 company that owns a motor vehicle which is impounded pursuant
1 25 to this subparagraph shall be notified of the impoundment
1 26 within seventy=two hours of the impoundment of the motor
1 27 vehicle and shall have the right to claim the motor vehicle
1 28 upon the payment of all fees and towing and storage costs.
1 29 However, if the value of the vehicle is less than the security
1 30 interest, all fees shall be divided equally between the
1 31 lienholder and the political subdivision impounding the
1 32 vehicle.
1 33 Sec. 3. Section 321.20B, subsection 4, paragraph b,
1 34 unnumbered paragraph 1, Code 2005, is amended to read as
1 35 follows:
2 1 An owner or driver of a motor vehicle who is charged with a
2 2 violation of subsection 1 and issued a citation under
2 3 paragraph "a", subparagraph (3) or (4), is subject to the
2 4 following:
2 5 Sec. 4. Section 321.20B, subsection 4, paragraph b,
2 6 subparagraph (1), Code 2005, is amended to read as follows:
2 7 (1) An owner or driver who produces to the clerk of court,
2 8 prior to the date of the individual's court appearance as
2 9 indicated on the citation, proof that financial liability
2 10 coverage was in effect for the motor vehicle at the time the
2 11 person was stopped and cited, or, if the driver is not the
2 12 owner of the motor vehicle, proof that liability coverage was
2 13 in effect for the driver with respect to the motor vehicle
2 14 being driven at the time the driver was stopped and cited, in
2 15 the same manner as if the motor vehicle were owned by the
2 16 driver, shall be given a receipt indicating that such proof
2 17 was provided and be subject to one of the following:
2 18 (a) If the person was cited pursuant to paragraph "a",
2 19 subparagraph (3), the owner or driver shall provide a copy of
2 20 the receipt to the county treasurer of the county in which the
2 21 motor vehicle is registered and the owner shall be assessed a
2 22 fifteen dollar administrative fee by the county treasurer who
2 23 shall issue new license plates and registration to the person
2 24 after payment of the fee.
2 25 (b) If the person was cited pursuant to paragraph "a",
2 26 subparagraph (4), the The owner or driver, after the owner
2 27 provides proof of financial liability coverage to the clerk of
2 28 court, may claim the motor vehicle after such person pays any
2 29 applicable fine, and the costs of towing the vehicle, and
2 30 storage for the motor vehicle costs not to exceed fifteen
2 31 dollars per day, and the owner or driver provides a copy of
2 32 the receipt and the owner pays to the county treasurer of the
2 33 county in which the motor vehicle is registered a fifteen
2 34 dollar administrative fee, and the county treasurer shall
2 35 issue new license plates and registration to the person.
3 1 Sec. 5. Section 321.89, subsection 1, paragraph a,
3 2 subparagraph (4), Code Supplement 2005, is amended to read as
3 3 follows:
3 4 (4) A vehicle that has been legally impounded by order of
3 5 a police authority and has not been reclaimed for a period of
3 6 ten days, or for the period required under section 321.20B or
3 7 321.218B, as applicable. However, a police authority may
3 8 declare the vehicle abandoned within the ten=day period by
3 9 commencing the notification process in subsection 3.
3 10 Sec. 6. NEW SECTION. 321.218B DRIVING WITH SUSPENDED OR
3 11 REVOKED LICENSE == MOTOR VEHICLE IMPOUNDMENT.
3 12 1. Notwithstanding any other provision of this chapter, if
3 13 a peace officer stops a motor vehicle and discovers that the
3 14 motor vehicle operator's driver's license or operating
3 15 privilege has been denied, canceled, suspended, or revoked,
3 16 the peace officer shall immediately cause the motor vehicle
3 17 operated by the person to be impounded.
3 18 2. After the expiration of thirty days, the person or
3 19 agency having physical possession of an impounded motor
3 20 vehicle shall release the vehicle to the owner upon payment of
3 21 all towing costs, storage costs not in excess of fifteen
3 22 dollars per day, and administrative fees associated with
3 23 impoundment of the motor vehicle, if either of the following
3 24 applies:
3 25 a. The owner provides satisfactory evidence that the owner
3 26 was not the operator of the motor vehicle at the time the
3 27 impoundment occurred.
3 28 b. If the owner was the operator at the time the
3 29 impoundment occurred, the owner provides satisfactory proof to
3 30 the person or agency that the owner's driver's license or
3 31 operating privilege has been reinstated.
3 32 3. A rental company that owns a motor vehicle which is
3 33 impounded pursuant to this section shall be notified of the
3 34 impoundment by the agency or person taking custody of the
3 35 motor vehicle within seventy=two hours of the impoundment of
4 1 the motor vehicle and shall have the right to claim the motor
4 2 vehicle upon the payment of all fees, towing costs, and
4 3 storage costs not in excess of fifteen dollars per day.
4 4 4. Except as provided in subsection 2 or 3 or by court
4 5 order, a motor vehicle shall remain impounded under this
4 6 section until reinstatement of the motor vehicle operator's
4 7 driving privilege and payment of all towing costs, storage
4 8 costs not in excess of fifteen dollars per day, and
4 9 administrative fees associated with impoundment of the motor
4 10 vehicle.
4 11 5. The provisions of this section do not apply to a person
4 12 whose driver's license or operating privilege is denied,
4 13 revoked, suspended, or barred under chapter 321J.
4 14 EXPLANATION
4 15 This bill requires immediate impoundment of a motor vehicle
4 16 if the driver's operating privileges are subject to sanctions
4 17 or if the driver is issued a citation for a second violation
4 18 of proof of financial liability requirements.
4 19 Under current law, if a peace officer stops a motor vehicle
4 20 registered in this state and the driver is unable to provide
4 21 proof of financial liability coverage, and if the driver has
4 22 previously received a citation for the same violation which
4 23 was not dismissed, the peace officer must issue a citation to
4 24 the driver, remove the motor vehicle's registration plates and
4 25 registration receipt, and either allow the vehicle to be
4 26 driven for up to 48 hours or impound the motor vehicle. The
4 27 bill removes the first option and requires impoundment. The
4 28 owner has 30 days to reclaim the vehicle by providing proof of
4 29 financial liability coverage and paying any applicable fine,
4 30 towing charges, and storage costs of no more than $15 per day.
4 31 The bill removes an exception that allowed the holder of a
4 32 security interest in the vehicle to redeem the vehicle, and
4 33 adds an exception for rental companies.
4 34 The bill requires that if a peace officer stops a motor
4 35 vehicle and discovers that the operator's driver's license or
5 1 operating privilege is denied, canceled, suspended, or
5 2 revoked, the peace officer shall immediately impound the motor
5 3 vehicle. The minimum period of impoundment is 30 days. The
5 4 owner of the motor vehicle can redeem the vehicle at the end
5 5 of that time by paying all fees, towing charges, and storage
5 6 costs, which are limited to $15 per day. If the owner was the
5 7 operator of the vehicle at the time of impoundment, the owner
5 8 shall also provide proof of reinstatement of the owner's
5 9 driver's license or operating privilege before the vehicle can
5 10 be released. The bill provides that a rental company which
5 11 owns an impounded vehicle must be notified within 72 hours of
5 12 impoundment by the person or agency taking custody of the
5 13 vehicle, and the rental company may then redeem the vehicle at
5 14 any time by paying all fees and the towing and storage costs.
5 15 The period of impoundment otherwise extends until
5 16 reinstatement of the driver's operating privileges. The bill
5 17 does not apply to persons sanctioned under Code chapter 321J,
5 18 which provides for impoundment of motor vehicles under
5 19 circumstances relating to driving under the influence of
5 20 alcohol or controlled substances.
5 21 The bill makes a corresponding amendment to the definition
5 22 of "abandoned vehicles", which currently provides that an
5 23 impounded vehicle is considered abandoned if it is not claimed
5 24 within 10 days, to allow for the longer impoundment periods
5 25 provided in the bill.
5 26 LSB 5826SS 81
5 27 dea:nh/sh/8