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 7within the ten=day periodsooner 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