Complete Bill History



House File 255       


                                          HOUSE FILE       
                                          BY  GREINER


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

                                         A BILL FOR

     1 An Act relating to registration of vehicles by owners of
     2    abandoned vehicles and providing an effective date.
     3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
     4 TLSB 2444HH 81
     5 dea/sh/8

PAG LIN



  1  1    Section 1.  Section 321.30, subsection 14, unnumbered
  1  2 paragraph 2, Code 2005, is amended to read as follows:
  1  3    15.  The department or the county treasurer shall also
  1  4 refuse registration of a vehicle if the applicant for
  1  5 registration of the vehicle has failed to pay the required
  1  6 registration fees of any vehicle owned or previously owned
  1  7 when the registration fee was required to be paid by the
  1  8 applicant, and for which vehicle the registration was
  1  9 suspended or revoked under section 321.101, subsection 1,
  1 10 paragraph "d", or section 321.101A, until the fees are paid
  1 11 together with any accrued penalties.
  1 12    Sec. 2.  Section 321.30, Code 2005, is amended by adding
  1 13 the following new subsection:
  1 14    NEW SUBSECTION.  16.  The department, or the county
  1 15 treasurer upon notice by the department, shall refuse
  1 16 registration of a vehicle if the applicant for registration of
  1 17 the vehicle is a registered owner of an abandoned vehicle for
  1 18 which any fines, penalties, surcharges, or court costs related
  1 19 to the abandonment have not been paid, or for which there are
  1 20 outstanding obligations owing pursuant to section 321.89,
  1 21 subsection 3.
  1 22    Sec. 3.  Section 321.40, Code 2005, is amended by adding
  1 23 the following new unnumbered paragraph:
  1 24    NEW UNNUMBERED PARAGRAPH.  The county treasurer shall
  1 25 refuse to renew the registration of a vehicle registered to an
  1 26 applicant if the treasurer has been notified by the department
  1 27 that the applicant is a registered owner of an abandoned
  1 28 vehicle for which any fines, penalties, surcharges, or court
  1 29 costs related to the abandonment have not been paid, or for
  1 30 which there are outstanding obligations owing pursuant to
  1 31 section 321.89, subsection 3.
  1 32    Sec. 4.  Section 321.89, subsection 3, paragraph a, Code
  1 33 2005, is amended to read as follows:
  1 34    a.  A police authority or private entity which that takes
  1 35 into custody an abandoned vehicle shall notify, within twenty
  2  1 days, by certified mail, the last known registered owner of
  2  2 the vehicle, all lienholders of record, and any other known
  2  3 claimant to the vehicle or to personal property found in the
  2  4 vehicle, addressed to their the parties' last known addresses
  2  5 of record, that the abandoned vehicle has been taken into
  2  6 custody.  Notice shall be deemed given when mailed.  The
  2  7 notice shall describe the year, make, model, and serial number
  2  8 of the vehicle, describe the personal property found in the
  2  9 vehicle, set forth the location of the facility where the
  2 10 vehicle is being held, and inform the persons receiving the
  2 11 notice of their right to reclaim the vehicle and personal
  2 12 property within ten days after the effective date of the
  2 13 notice upon payment of all towing, preservation, and storage
  2 14 charges resulting from placing the vehicle in custody and upon
  2 15 payment of the costs of notice required pursuant to this
  2 16 subsection.  The notice shall also state that the failure of
  2 17 the owner, lienholders, or claimants to exercise their right
  2 18 to reclaim the vehicle or personal property within the time
  2 19 provided shall be deemed a waiver by the owner, lienholders,
  2 20 and claimants of all right, title, claim, and interest in the
  2 21 vehicle or personal property and that failure to reclaim the
  2 22 vehicle or personal property is deemed consent to the sale of
  2 23 the vehicle at a public auction or disposal of the vehicle to
  2 24 a demolisher and to disposal of the personal property by sale
  2 25 or destruction.  The notice shall state that any person
  2 26 claiming rightful possession of the vehicle or personal
  2 27 property who disputes the planned disposition of the vehicle
  2 28 or property by the police authority or private entity or of
  2 29 the assessment of fees and charges provided by this section
  2 30 may ask for an evidentiary hearing before the police authority
  2 31 to contest those matters.  If the persons receiving the notice
  2 32 do not ask for a hearing or exercise their right to reclaim
  2 33 the vehicle or personal property within the ten=day reclaiming
  2 34 period, the owner, lienholders, or claimants shall no longer
  2 35 have any right, title, claim, or interest in or to the vehicle
  3  1 or the personal property.  A court in any case in law or
  3  2 equity shall not recognize any right, title, claim, or
  3  3 interest of the owner, lienholders, or claimants, after the
  3  4 expiration of the ten=day reclaiming period.  However, all
  3  5 expenses related to towing, impoundment, custody, or storage
  3  6 and, if applicable, sale or disposal of the abandoned vehicle
  3  7 and personal property, including the costs of notice and
  3  8 publication, are the obligation of the registered owner of the
  3  9 vehicle.  The notice shall state that the department may
  3 10 refuse to register or renew the registration of another
  3 11 vehicle in the owner's name as long as any part of that
  3 12 obligation or any related fine, penalty, surcharge, or court
  3 13 costs remain unpaid.
  3 14    Sec. 5.  Section 321.89, subsection 4, unnumbered paragraph
  3 15 3, Code 2005, is amended to read as follows:
  3 16    The director of transportation shall establish by rule a
  3 17 claims procedure to be followed by police authorities in
  3 18 obtaining expenses and costs from the fund.  If a private
  3 19 entity has been hired, the police authority may file a claim
  3 20 with the department for reimbursement of towing fees which
  3 21 shall be paid from the road use tax fund.  The department
  3 22 shall maintain a list of vehicle owners obligated for expenses
  3 23 and costs paid from the fund and shall make the list available
  3 24 to county treasurers for the purpose of refusal of vehicle
  3 25 registration pursuant to sections 321.30 and 321.40.
  3 26    Sec. 6.  Section 602.8102, Code 2005, is amended by adding
  3 27 the following new subsection:
  3 28    NEW SUBSECTION.  50B.  Assist the state department of
  3 29 transportation in refusing registration of motor vehicles,
  3 30 pursuant to section 321.30 or 321.40, by persons who fail to
  3 31 timely pay criminal fines or penalties, surcharges, or court
  3 32 costs related to the violation of a law regulating abandonment
  3 33 of motor vehicles.
  3 34    Sec. 7.  EFFECTIVE DATE.  This Act takes effect January 1,
  3 35 2006.
  4  1                           EXPLANATION
  4  2    This bill provides that a person who is the registered
  4  3 owner of an abandoned vehicle, and who is obligated for
  4  4 expenses related to towing, impoundment, custody, storage,
  4  5 sale, or disposal of the vehicle or related personal property,
  4  6 shall be refused new registration or registration renewal of
  4  7 another vehicle until all such obligations, and any applicable
  4  8 fines, penalties, surcharges, or court costs, are paid in
  4  9 full.  The general notice sent to owners, lienholders, and
  4 10 claimants of abandoned vehicles shall include notice of the
  4 11 potential refusal of registration.  The state department of
  4 12 transportation is to notify county treasurers of those persons
  4 13 who are to be refused motor vehicle registration or renewal.
  4 14 The clerks of court are to assist the department in
  4 15 identifying owners of abandoned motor vehicles with
  4 16 outstanding debts owed to the court.
  4 17    The bill takes effect January 1, 2006.
  4 18 LSB 2444HH 81
  4 19 dea:nh/sh/8