H.F. 2219 Section 1. Section 321.89, subsection 1, paragraph a, 1 subparagraph (4), Code 2024, is amended to read as follows: 2 (4) A vehicle that has been legally impounded by order of 3 a police authority and has not been reclaimed for a period 4 of ten thirty days. However, a police authority may declare 5 the vehicle abandoned within the ten-day thirty-day period by 6 commencing the notification process in subsection 3 . 7 Sec. 2. Section 321.89, subsection 2, Code 2024, is amended 8 to read as follows: 9 2. Authority to take possession of abandoned vehicles. 10 a. A police authority, upon the authority’s own initiative 11 or upon the request of any other authority having the duties 12 of control of highways or traffic, shall take into custody an 13 abandoned vehicle on public property and may take into custody 14 an abandoned vehicle on private property. The police authority 15 may employ its own personnel, equipment, and facilities or 16 hire a private entity, equipment, and facilities for the 17 purpose of removing, preserving, storing, or disposing of 18 abandoned vehicles. A property owner or other person in 19 control of private property may employ a private entity who is 20 a garagekeeper, as defined in section 321.90 , to dispose of an 21 abandoned vehicle, and the private entity may take into custody 22 the abandoned vehicle without a police authority’s initiative. 23 If a police authority employs a private entity to dispose of 24 abandoned vehicles, the police authority shall provide the 25 private entity with the names and addresses of the registered 26 owners, all lienholders of record, and any other known claimant 27 to the vehicle or the personal property found in the vehicle. 28 The owners, lienholders, or other claimants of the abandoned 29 vehicle shall not have a cause of action against a private 30 entity for action taken under this section if the private 31 entity provides does not act reasonably or in good faith and 32 damages the vehicle, or fails to provide notice as required by 33 subsection 3 , paragraphs “a” through “f” . 34 b. A police authority or private entity shall not take into 35 -1- LSB 5407YH (5) 90 th/ns 1/ 7

H.F. 2219 custody an abandoned vehicle and shall release the vehicle to 1 the owner at no cost if the owner is present before the vehicle 2 is removed from the area where it was parked. This paragraph 3 does not apply to a vehicle abandoned in a location that may 4 constitute a risk to the welfare of another, including but 5 not limited to an area blocking access to a fire hydrant or 6 interfering with the entrance to an emergency room or hospital. 7 Sec. 3. Section 321.89, subsection 3, paragraphs a, e, and 8 f, Code 2024, are amended to read as follows: 9 a. A police authority or private entity that takes into 10 custody an abandoned vehicle shall send notice by certified 11 mail that the vehicle has been taken into custody no more than 12 twenty ten days after taking custody of the vehicle. Notice 13 shall be sent to the last known address of record of the last 14 known registered owner of the vehicle, all lienholders of 15 record, and any other known claimant to the vehicle. 16 e. If the persons receiving notice do not ask for a hearing 17 or exercise their right to reclaim the vehicle or personal 18 property within the ten-day thirty-day reclaiming period, the 19 owner, lienholders, or claimants shall no longer have any 20 right, title, claim, or interest in or to the vehicle or the 21 personal property. 22 f. A court in any case in law or equity shall not recognize 23 any right, title, claim, or interest of the owner, lienholders, 24 or claimants after the expiration of the ten-day thirty-day 25 reclaiming period. 26 Sec. 4. Section 321.89, subsection 3, paragraph b, Code 27 2024, is amended by adding the following new subparagraph: 28 NEW SUBPARAGRAPH . (03) The reason the vehicle was taken 29 into custody, a photograph showing the vehicle where the 30 vehicle was taken into custody, and, if the vehicle was parked 31 illegally, evidence of that fact. 32 Sec. 5. Section 321.89, subsection 3, paragraph b, 33 subparagraph (3), Code 2024, is amended to read as follows: 34 (3) Information for the persons receiving the notice of 35 -2- LSB 5407YH (5) 90 th/ns 2/ 7

H.F. 2219 their right to reclaim the vehicle and personal property 1 contained therein within ten thirty days after the effective 2 date of the notice. Persons may reclaim the vehicle or 3 personal property upon payment of all towing, preservation, and 4 storage charges resulting from placing the vehicle in custody 5 and upon payment of the costs of notice required pursuant to 6 this subsection . During the normal business hours of the 7 entity with custody of the vehicle, persons may retrieve any 8 personal property left in the vehicle at no cost and without 9 reclaiming the vehicle. 10 Sec. 6. Section 321.89, subsection 4, Code 2024, is amended 11 to read as follows: 12 4. Reclamation Fees —— reclamation of abandoned vehicles. 13 a. A private entity shall do all of the following: 14 (1) Provide a person reclaiming an abandoned vehicle with an 15 itemized account of all fees. 16 (2) Post the rates for all fees on the entity’s internet 17 site, if applicable, and in clear view at the location where 18 vehicles are reclaimed. 19 (3) Accept payment by credit card, in addition to any other 20 payment method accepted by the entity. 21 (4) Provide information about the entity, including a copy 22 of any business license, upon request. 23 b. A private entity shall not charge a storage fee during 24 the first twenty-four hours after the entity takes custody of 25 an abandoned vehicle. 26 c. Prior to driving an abandoned vehicle away from the 27 premises, a person who received or who is reclaiming the 28 vehicle on behalf of a person who received notice under 29 subsection 3 shall present to the police authority or private 30 entity, as applicable, the person’s valid driver’s license and 31 proof of financial liability coverage as provided in section 32 321.20B . 33 d. A person reclaiming an abandoned vehicle is entitled to 34 record by video or photograph any action a private entity takes 35 -3- LSB 5407YH (5) 90 th/ns 3/ 7

H.F. 2219 related to taking custody of an abandoned vehicle or returning 1 a reclaimed vehicle. 2 e. The department shall adopt rules pursuant to chapter 17A 3 providing the maximum amounts a private entity can charge for 4 abandoned vehicle towing and storage fees. 5 Sec. 7. Section 321.90, subsection 1, Code 2024, is amended 6 to read as follows: 7 1. Garagekeepers and abandoned motor vehicles. Any motor 8 vehicle left in a garage operated for commercial purposes 9 after the period for which the vehicle was to remain on the 10 premises shall, after notice by certified mail to the last 11 known registered owner of the vehicle addressed to the owner’s 12 last known address of record to reclaim the vehicle within ten 13 thirty days of the date of the notice, be deemed an abandoned 14 motor vehicle unless reclaimed by the owner within such ten-day 15 thirty-day period or the owner notifies the garagekeeper 16 in writing within such period of time that such vehicle is 17 not an abandoned motor vehicle and shall be reported by the 18 garagekeeper to the police authority. If the identity or 19 address of the last registered owner of the motor vehicle 20 cannot be determined, the vehicle shall be deemed an abandoned 21 motor vehicle on the eleventh thirty-first day after the period 22 for which the vehicle was to remain on the premises unless 23 reclaimed by the owner within the ten-day thirty-day period 24 or the owner notifies the garagekeeper in writing within such 25 period of time that such vehicle is not an abandoned motor 26 vehicle and shall be reported by the garagekeeper to the police 27 authority. All abandoned motor vehicles left in garages may 28 be taken into custody by a police authority upon the request 29 of the garagekeeper and sold in accordance with the procedures 30 set forth in section 321.89, subsection 5 , unless the motor 31 vehicle is reclaimed. The proceeds of the sale shall be first 32 applied to the garagekeeper’s charges for towing and storage, 33 and any surplus proceeds shall be distributed in accordance 34 with section 321.89, subsection 5 . Nothing in this section 35 -4- LSB 5407YH (5) 90 th/ns 4/ 7

H.F. 2219 shall be construed to impair any lien of a garagekeeper under 1 the laws of this state, or the right of a garagekeeper to 2 foreclose the garagekeeper’s lien, provided that a garagekeeper 3 shall be deemed to have abandoned the garagekeeper’s artisan 4 lien when such vehicle is taken into custody by the police 5 authority. For the purposes of this section “garagekeeper” 6 means any operator of a parking place or establishment, motor 7 vehicle storage facility, or establishment for the servicing, 8 repair, or maintenance of motor vehicles. 9 Sec. 8. Section 321.91, subsection 1, Code 2024, is amended 10 to read as follows: 11 1. No Except as otherwise provided in section 321.89, a 12 person, firm, corporation, unit of government, garagekeeper , or 13 police authority upon whose property an abandoned vehicle is 14 found or who disposes of such abandoned vehicle in accordance 15 with sections 321.89 and 321.90 shall not be liable for damages 16 by reason of the removal, sale, or disposal of such vehicle , 17 provided the actions were reasonable and taken in good faith . 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to abandoned vehicles. 22 Under current law, a person whose vehicle was abandoned has 23 10 days to reclaim the vehicle after receiving notice from the 24 police authority or private entity that took custody of the 25 vehicle. The bill increases this to 30 days. 26 The bill provides a cause of action for owners, lienholders, 27 and other claimants of an abandoned vehicle against a private 28 entity for action taken related to taking custody of and 29 holding the vehicle if the private entity does not act 30 reasonably or in good faith and damages the vehicle, or fails 31 to provide required notice. Current law also provides a 32 general limitation on liability regarding abandoned vehicles 33 (Code section 321.91). The bill specifies that the provision 34 applies provided the associated actions were reasonable and 35 -5- LSB 5407YH (5) 90 th/ns 5/ 7

H.F. 2219 taken in good faith. 1 The bill prohibits a police authority or private entity from 2 taking into custody a vehicle if the owner is present before 3 the vehicle is removed from the area where it was parked and 4 requires the authority or entity to release the vehicle to the 5 owner at no cost. However, this does not apply to a vehicle 6 abandoned in a location that may constitute a risk to the 7 welfare of another, including an area blocking a fire hydrant 8 or entrance to an emergency room or hospital. 9 Current law requires a police authority or private entity 10 that takes into custody an abandoned vehicle to send notice 11 to the last known owner and other persons with an interest in 12 the vehicle by certified mail that the vehicle has been taken 13 into custody no more than 20 days after taking custody of the 14 vehicle. The bill instead requires notice to be sent within 10 15 days after taking custody of the vehicle. 16 In addition to the notice requirements under Code section 17 321.89(3), the bill requires such notice to include the reason 18 the vehicle was taken into custody, a photograph showing the 19 vehicle where the vehicle was taken into custody, and, if the 20 vehicle was parked illegally, evidence of that fact. 21 Current law requires a person to pay all towing, 22 preservation, storage charges, and costs of required notice 23 prior to reclaiming the vehicle or personal property within the 24 vehicle. The bill provides that a person may reclaim personal 25 property from a vehicle during normal business hours at no cost 26 and without reclaiming the vehicle. 27 The bill requires a private entity to provide an itemized 28 account of all fees charged, publicly post the rates for all 29 fees, accept payment of fees by credit card, and provide 30 information about the entity upon request. The bill prohibits 31 a private entity from charging a storage fee during the 32 first 24 hours after the entity takes custody of a vehicle. 33 The bill requires the department of transportation to adopt 34 administrative rules providing the maximum amounts a private 35 -6- LSB 5407YH (5) 90 th/ns 6/ 7

H.F. 2219 entity can charge for abandoned vehicle towing and storage 1 fees. 2 The bill authorizes a person reclaiming an abandoned vehicle 3 to record by video or photograph any action a private entity 4 takes related to taking custody of an abandoned vehicle or 5 returning a reclaimed vehicle. 6 By operation of law, it is a simple misdemeanor for a person 7 to do an act forbidden or to fail to perform an act required 8 by Code chapter 321, including the provisions of the bill. A 9 simple misdemeanor is punishable by confinement for no more 10 than 30 days and a fine of at least $105 but not more than $855. 11 -7- LSB 5407YH (5) 90 th/ns 7/ 7