House File 600 - Introduced



                                       HOUSE FILE       
                                       BY  PAULSEN


    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 2755YH 82
  6 dea/es/88

PAG LIN



  1  1    Section 1.  Section 321.89, subsection 1, paragraph a,
  1  2 subparagraph (4), Code 2007, is amended to read as follows:
  1  3    (4)  A vehicle that has been legally impounded by order of
  1  4 a police authority and has not been reclaimed for a period of
  1  5 ten days, or for the period required under section 321.218B.
  1  6 However, a police authority may declare the vehicle abandoned
  1  7 within the ten=day period sooner by commencing the
  1  8 notification process in subsection 3.
  1  9    Sec. 2.  NEW SECTION.  321.218B  DRIVING WITH SUSPENDED OR
  1 10 REVOKED LICENSE == MOTOR VEHICLE IMPOUNDMENT.
  1 11    1.  Notwithstanding any other provision of this chapter, if
  1 12 a peace officer stops a motor vehicle and discovers that the
  1 13 motor vehicle operator's driver's license or operating
  1 14 privilege has been denied, canceled, suspended, revoked, or
  1 15 barred, the peace officer shall immediately cause the motor
  1 16 vehicle operated by the person to be impounded.
  1 17    2.  After the expiration of thirty days, the person or
  1 18 agency having physical possession of an impounded motor
  1 19 vehicle shall release the vehicle to the owner upon payment of
  1 20 all towing costs, storage costs not in excess of fifteen
  1 21 dollars per day, and administrative fees associated with
  1 22 impoundment of the motor vehicle, if either of the following
  1 23 applies:
  1 24    a.  The owner provides satisfactory evidence that the owner
  1 25 was not the operator of the motor vehicle at the time the
  1 26 impoundment occurred.
  1 27    b.  If the owner was the operator at the time the
  1 28 impoundment occurred, the owner provides satisfactory proof to
  1 29 the person or agency that the owner's driver's license or
  1 30 operating privilege has been reinstated.
  1 31    3.  A rental company that owns a motor vehicle which is
  1 32 impounded pursuant to this section shall be notified of the
  1 33 impoundment by the agency or person taking custody of the
  1 34 motor vehicle within seventy=two hours of the impoundment of
  1 35 the motor vehicle and shall have the right to claim the motor
  2  1 vehicle upon the payment of all fees, towing costs, and
  2  2 storage costs not in excess of fifteen dollars per day.
  2  3    4.  Except as provided in subsection 2 or 3 or by court
  2  4 order, a motor vehicle shall remain impounded under this
  2  5 section until reinstatement of the motor vehicle operator's
  2  6 driving privilege and payment of all towing costs, storage
  2  7 costs not in excess of fifteen dollars per day, and
  2  8 administrative fees associated with impoundment of the motor
  2  9 vehicle.
  2 10    5.  The provisions of this section do not apply to a person
  2 11 whose driver's license or operating privilege is denied,
  2 12 revoked, suspended, or barred under chapter 321J.
  2 13                           EXPLANATION
  2 14    This bill requires that if a peace officer stops a motor
  2 15 vehicle and discovers that the operator's driver's license or
  2 16 operating privilege is denied, canceled, suspended, revoked,
  2 17 or barred, the peace officer shall immediately impound the
  2 18 motor vehicle.  The minimum period of impoundment is 30 days.
  2 19 The owner of the motor vehicle can redeem the vehicle at the
  2 20 end of that time by paying all fees and towing charges, plus
  2 21 storage costs of up to $15 per day.  If the owner was the
  2 22 operator of the vehicle at the time of impoundment, the owner
  2 23 shall also provide proof of reinstatement of the owner's
  2 24 driver's license or operating privilege before the vehicle can
  2 25 be released.  The bill provides that a rental company which
  2 26 owns an impounded vehicle must be notified within 72 hours of
  2 27 impoundment by the person or agency taking custody of the
  2 28 vehicle, and the rental company may then redeem the vehicle at
  2 29 any time by paying all fees and the towing and storage costs.
  2 30 The period of impoundment otherwise extends until
  2 31 reinstatement of the driver's operating privileges.  The bill
  2 32 does not apply to persons sanctioned under Code chapter 321J,
  2 33 which provides for impoundment of motor vehicles under
  2 34 circumstances relating to driving under the influence of
  2 35 alcohol or controlled substances.
  3  1    The bill makes a corresponding amendment to the definition
  3  2 of "abandoned vehicles", which currently provides that an
  3  3 impounded vehicle is considered abandoned if it is not claimed
  3  4 within 10 days, to allow for the longer impoundment periods
  3  5 provided in the bill.
  3  6 LSB 2755YH 82
  3  7 dea:nh/es/88