House File 716 - Introduced



                                       HOUSE FILE       
                                       BY  MURPHY


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to tort liability of municipalities for damage to
  2    motor vehicles caused by towing or transporting.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2442HH 83
  5 md/rj/5

PAG LIN



  1  1    Section 1.  Section 331.303, Code 2009, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  10A.  Indemnify a person with whom the
  1  4 county contracts to tow or transport a motor vehicle if the
  1  5 person has been found liable for damages caused to the vehicle
  1  6 in accordance with section 670.2A.
  1  7    Sec. 2.  Section 364.12, Code 2009, is amended by adding
  1  8 the following new subsection:
  1  9    NEW SUBSECTION.  8.  A city shall indemnify a person with
  1 10 whom the city contracts to tow or transport a motor vehicle if
  1 11 the person has been found liable for damages caused to the
  1 12 vehicle in accordance with section 670.2A.
  1 13    Sec. 3.  NEW SECTION.  670.2A  DAMAGE TO VEHICLES ==
  1 14 TOWING.
  1 15    1.  Notwithstanding any provision of law to the contrary, a
  1 16 municipality is liable for damages to a motor vehicle caused
  1 17 by towing or transporting the motor vehicle for a violation of
  1 18 law or violation of a municipal ordinance.  Liability imposed
  1 19 under this section includes towing or transporting by officers
  1 20 or employees of the municipality acting within the scope of
  1 21 their employment or duties and by persons under contract with
  1 22 the municipality to tow and transport motor vehicles in
  1 23 violation of law or ordinance.
  1 24    2.  A municipality shall indemnify a person with whom the
  1 25 municipality contracts to tow or transport a motor vehicle if
  1 26 the person has been found liable for damages caused to the
  1 27 motor vehicle.
  1 28                           EXPLANATION
  1 29    This bill imposes liability on a municipality for damages
  1 30 to a motor vehicle caused by towing or transporting the motor
  1 31 vehicle for a violation of law or violation of a municipal
  1 32 ordinance.  Under the bill, a municipality is liable for
  1 33 damages to a motor vehicle that was towed or transported by an
  1 34 officer or employee of the municipality acting within the
  1 35 scope of their employment or duties, or by a person with whom
  2  1 the municipality contracts.
  2  2    The bill requires the municipality to indemnify a person
  2  3 with whom the municipality contracts to tow or transport a
  2  4 motor vehicle if the person has been found liable for damages
  2  5 caused to the motor vehicle.
  2  6    Under Code chapter 670, "municipality" means city, county,
  2  7 township, school district, and any other unit of local
  2  8 government except soil and water conservation districts.
  2  9 LSB 2442HH 83
  2 10 md/rj/5