House File 519 - Introduced
HOUSE FILE
BY BAUDLER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the impoundment and seizure of motor
2 vehicles for certain violations of the state's financial
3 responsibility laws, creating an uninsured motorist victim
4 restitution fund, and making an appropriation.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 321.89, subsection 1, paragraph a,
1 2 subparagraph (4), Code 2009, 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 321A.32B.
1 6 However, a police authority may declare the vehicle abandoned
1 7 within the ten=day period by commencing the notification
1 8 process in subsection 3.
1 9 Sec. 2. NEW SECTION. 321A.32B MOTOR VEHICLE IMPOUNDMENT
1 10 == FORFEITURE.
1 11 1. If a peace officer stops a motor vehicle and discovers
1 12 that the motor vehicle owner's driver's license, operating
1 13 privilege, or registration has been suspended, revoked, or
1 14 barred for an offense under this chapter, the peace officer
1 15 shall immediately cause the motor vehicle to be impounded.
1 16 a. For a first offense under this chapter, the person or
1 17 agency having physical possession of the impounded motor
1 18 vehicle shall release the vehicle to the owner upon payment of
1 19 all towing costs, storage costs not in excess of fifteen
1 20 dollars per day, and administrative fees associated with
1 21 impoundment of the motor vehicle.
1 22 b. For a second offense under this chapter, the person or
1 23 agency having physical possession of the impounded motor
1 24 vehicle shall not release the vehicle to the owner until all
1 25 towing costs, storage costs, and administrative fees have been
1 26 paid and the owner provides satisfactory proof to the person
1 27 or agency that the owner's driver's license, operating
1 28 privilege, or registration, as applicable, has been
1 29 reinstated.
1 30 c. For a third offense under this chapter, the motor
1 31 vehicle shall be seized and forfeited to the state pursuant to
1 32 chapters 809 and 809A. The money collected by the department
1 33 from the sale of motor vehicles forfeited pursuant to this
1 34 paragraph shall be transmitted to the treasurer of state who
1 35 shall deposit the money in the uninsured motorist victim
2 1 restitution fund created in subsection 2 to compensate victims
2 2 of motor vehicle accidents with uninsured motorists.
2 3 2. The uninsured motorist victim restitution fund is
2 4 created in the state treasury under the control of the
2 5 department. The fund shall consist of all moneys deposited in
2 6 the fund from proceeds of the sale of motor vehicles seized
2 7 and forfeited under subsection 1, paragraph "c". Moneys
2 8 deposited in the fund are appropriated and shall be expended
2 9 by the department for the restitution of victims of motor
2 10 vehicle accidents with uninsured motorists, as provided by
2 11 rules adopted by the department under chapter 17A.
2 12 Notwithstanding section 12C.7, subsection 2, interest or
2 13 earnings on moneys deposited in the fund shall be credited to
2 14 the fund and any unencumbered or unobligated moneys in the
2 15 fund at the end of the fiscal year shall not revert but shall
2 16 remain in the fund.
2 17 3. Impoundment or seizure of a vehicle under this section
2 18 may occur in addition to any criminal penalty imposed under
2 19 this chapter for the underlying criminal offense.
2 20 EXPLANATION
2 21 This bill provides for the impoundment and seizure of motor
2 22 vehicles for certain violations of the state's financial
2 23 responsibility laws.
2 24 The bill provides that if a peace officer stops a motor
2 25 vehicle and discovers that the motor vehicle owner's driver's
2 26 license, operating privilege, or registration has been
2 27 suspended, revoked, or barred for a violation of the state's
2 28 motor vehicle financial responsibility laws under Code chapter
2 29 321A, the peace officer shall immediately cause the motor
2 30 vehicle to be impounded.
2 31 For a first offense, the owner may obtain the release of
2 32 the impounded motor vehicle upon payment of all towing costs,
2 33 storage costs not exceeding $15 per day, and any
2 34 administrative fees associated with the impoundment. For a
2 35 second offense, the owner may obtain release of the impounded
3 1 motor vehicle upon payment of all costs and fees and upon
3 2 provision of satisfactory proof that the owner's driver's
3 3 license, operating privilege, or registration has been
3 4 reinstated. For a third offense, the owner's motor vehicle
3 5 shall be seized and forfeited to the state pursuant to Code
3 6 chapters 809 and 809A.
3 7 An uninsured motorist victim restitution fund is created in
3 8 the state treasury to receive deposits of moneys collected by
3 9 the department of transportation from selling seized and
3 10 forfeited vehicles. The money is appropriated and shall be
3 11 used to compensate victims of motor vehicle accidents with
3 12 uninsured motorists as provided by rules adopted under Code
3 13 chapter 17A.
3 14 The impoundment or seizure of a motor vehicle pursuant to
3 15 the bill is in addition to any criminal penalty imposed under
3 16 Code chapter 321A for the underlying criminal offense.
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