Senate
File
461
-
Introduced
SENATE
FILE
461
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
1140)
A
BILL
FOR
An
Act
relating
to
notification
about
the
custody
of
abandoned
1
motor
vehicles.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2242SV
(2)
87
ns/nh
S.F.
461
Section
1.
Section
321.89,
subsection
3,
paragraph
a,
Code
1
2017,
is
amended
to
read
as
follows:
2
a.
A
police
authority
or
private
entity
that
takes
into
3
custody
an
abandoned
vehicle
shall
notify,
within
twenty
seven
4
days,
by
certified
mail,
the
last
known
registered
owner
of
5
the
vehicle,
all
lienholders
of
record,
and
any
other
known
6
claimant
to
the
vehicle
or
to
personal
property
found
in
the
7
vehicle,
addressed
to
the
parties’
last
known
addresses
of
8
record,
that
the
abandoned
vehicle
has
been
taken
into
custody.
9
Notice
shall
be
deemed
given
when
mailed.
The
notice
shall
10
describe
the
year,
make,
model,
and
vehicle
identification
11
number
of
the
vehicle,
describe
the
personal
property
found
12
in
the
vehicle,
set
forth
the
location
of
the
facility
where
13
the
vehicle
is
being
held,
and
inform
the
persons
receiving
14
the
notice
of
their
right
to
reclaim
the
vehicle
and
personal
15
property
within
ten
days
after
the
effective
date
of
the
16
notice
upon
payment
of
all
towing,
preservation,
and
storage
17
charges
resulting
from
placing
the
vehicle
in
custody
and
18
upon
payment
of
the
costs
of
notice
required
pursuant
to
this
19
subsection
.
The
notice
shall
also
state
that
the
failure
of
20
the
owner,
lienholders,
or
claimants
to
exercise
their
right
21
to
reclaim
the
vehicle
or
personal
property
within
the
time
22
provided
shall
be
deemed
a
waiver
by
the
owner,
lienholders,
23
and
claimants
of
all
right,
title,
claim,
and
interest
in
the
24
vehicle
or
personal
property
and
that
failure
to
reclaim
the
25
vehicle
or
personal
property
is
deemed
consent
to
the
sale
of
26
the
vehicle
at
a
public
auction
or
disposal
of
the
vehicle
to
a
27
demolisher
and
to
disposal
of
the
personal
property
by
sale
or
28
destruction.
If
the
abandoned
vehicle
was
taken
into
custody
29
by
a
private
entity
without
a
police
authority’s
initiative,
30
the
notice
shall
state
that
the
private
entity
may
claim
a
31
garagekeeper’s
lien
as
described
in
section
321.90,
subsection
32
1
,
and
may
proceed
to
sell
or
dispose
of
the
vehicle.
If
the
33
abandoned
vehicle
was
taken
into
custody
by
a
police
authority
34
or
by
a
private
entity
hired
by
a
police
authority,
the
notice
35
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2242SV
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S.F.
461
shall
state
that
any
person
claiming
rightful
possession
of
1
the
vehicle
or
personal
property
who
disputes
the
planned
2
disposition
of
the
vehicle
or
property
by
the
police
authority
3
or
private
entity
or
of
the
assessment
of
fees
and
charges
4
provided
by
this
section
may
ask
for
an
evidentiary
hearing
5
before
the
police
authority
to
contest
those
matters.
If
the
6
persons
receiving
notice
do
not
ask
for
a
hearing
or
exercise
7
their
right
to
reclaim
the
vehicle
or
personal
property
within
8
the
ten-day
reclaiming
period,
the
owner,
lienholders,
or
9
claimants
shall
no
longer
have
any
right,
title,
claim,
or
10
interest
in
or
to
the
vehicle
or
the
personal
property.
A
11
court
in
any
case
in
law
or
equity
shall
not
recognize
any
12
right,
title,
claim,
or
interest
of
the
owner,
lienholders,
13
or
claimants
after
the
expiration
of
the
ten-day
reclaiming
14
period.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
decreases
the
period
of
time
within
which
a
19
police
authority
or
private
entity
that
takes
into
custody
an
20
abandoned
vehicle
is
required
to
notify
by
certified
mail
the
21
last
known
registered
owner
of
the
vehicle,
all
lienholders
22
of
record,
and
any
other
known
claimant
to
the
vehicle
or
to
23
personal
property
found
in
the
vehicle
from
20
days
to
seven
24
days.
25
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