Senate File 232 - Reprinted SENATE FILE 232 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1025) (As Amended and Passed by the Senate February 3, 2021 ) A BILL FOR An Act relating to notice and reclamation requirements for 1 abandoned vehicles taken into custody by a police authority 2 or private entity. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 232 (4) 89 th/ns/mb

S.F. 232 Section 1. Section 321.89, subsection 3, Code 2021, is 1 amended to read as follows: 2 3. Notification of owner, lienholders, and other claimants. 3 a. A police authority or private entity that takes into 4 custody an abandoned vehicle shall notify, within send notice 5 by certified mail that the vehicle has been taken into custody 6 no more than twenty days , by certified mail, after taking 7 custody of the vehicle. Notice shall be sent to the last 8 known address of record of the last known registered owner of 9 the vehicle, all lienholders of record, and any other known 10 claimant to the vehicle or to personal property found in the 11 vehicle, addressed to the parties’ last known addresses of 12 record, that the abandoned vehicle has been taken into custody . 13 b. Notice shall be deemed given when mailed. The notice 14 shall describe include all of the following: 15 (1) A description of the year, make, model, and vehicle 16 identification number of the vehicle , describe the personal 17 property found in the vehicle, set forth the . 18 (2) The location of the facility where the vehicle is being 19 held , and inform . 20 (3) Information for the persons receiving the notice of 21 their right to reclaim the vehicle and personal property 22 contained therein within ten days after the effective date 23 of the notice . Persons may reclaim the vehicle or personal 24 property upon payment of all towing, preservation, and storage 25 charges resulting from placing the vehicle in custody and 26 upon payment of the costs of notice required pursuant to this 27 subsection . The notice shall also state 28 (4) A statement that the failure of the owner, lienholders, 29 or claimants to exercise their right to reclaim the vehicle or 30 personal property within the time provided shall be deemed a 31 waiver by the owner, lienholders, and claimants of all right, 32 title, claim, and interest in the vehicle or personal property 33 and . 34 (5) A statement that failure to reclaim the vehicle or 35 -1- SF 232 (4) 89 th/ns/mb 1/ 3

S.F. 232 personal property is deemed consent for the police authority 1 or private entity to the sale of sell the vehicle at a public 2 auction or disposal dispose of the vehicle to a demolisher 3 and to disposal dispose of the personal property by sale or 4 destruction. 5 c. If the abandoned vehicle was taken into custody by 6 a private entity without a police authority’s initiative, 7 the notice shall state that the private entity may claim a 8 garagekeeper’s lien as described in section 321.90, subsection 9 1 , and may proceed to sell or dispose of the vehicle. 10 d. If the abandoned vehicle was taken into custody by a 11 police authority or by a private entity hired by a police 12 authority, the notice shall state that any person claiming 13 rightful possession of the vehicle or personal property who 14 disputes the planned disposition of the vehicle or personal 15 property by the police authority or private entity or of the 16 assessment of fees and charges provided by this section may 17 ask for an evidentiary hearing before the police authority to 18 contest those matters. 19 e. If the persons receiving notice do not ask for a hearing 20 or exercise their right to reclaim the vehicle or personal 21 property within the ten-day reclaiming period, the owner, 22 lienholders, or claimants shall no longer have any right, 23 title, claim, or interest in or to the vehicle or the personal 24 property. 25 f. A court in any case in law or equity shall not recognize 26 any right, title, claim, or interest of the owner, lienholders, 27 or claimants after the expiration of the ten-day reclaiming 28 period. 29 b. g. If it is impossible to determine with reasonable 30 certainty the identity identities and addresses of the last 31 registered owner and all lienholders, notice by one publication 32 in one newspaper of general circulation in the area where 33 the vehicle was abandoned shall be sufficient to meet all 34 requirements of notice under this section . The published 35 -2- SF 232 (4) 89 th/ns/mb 2/ 3

S.F. 232 notice may contain multiple listings of abandoned vehicles and 1 personal property but shall be published within the same time 2 requirements and contain the same information as prescribed for 3 mailed notice in paragraph “a” this subsection . 4 Sec. 2. Section 321.89, Code 2021, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 3A. Reclamation of abandoned vehicles. 7 Prior to driving an abandoned vehicle away from the premises, 8 a person who received or who is reclaiming the vehicle of 9 behalf of a person who received notice under subsection 3 10 shall present to the police authority or private entity, as 11 applicable, the person’s valid driver’s license and proof of 12 financial liability coverage as provided in section 321.20B. 13 -3- SF 232 (4) 89 th/ns/mb 3/ 3