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