Text: HF254            Text: HF256
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
Text: HF254            Text: HF256 Complete Bill History