SF 232 — A bill for an act relating to notice and reclamation requirements for abandoned vehicles taken into custody by a police authority or private entity. (Formerly SSB 1025.) Effective date: 07/01/2021.

OSenate fFile f232 i- cEnrolled eSenate oFile f232 tAN hACT eRELATING GTO oNOTICE vAND eRECLAMATION rREQUIREMENTS nFOR oABANDONED rVEHICLES KTAKEN iINTO mCUSTODY RBY e y n o l d s A dPOLICE aAUTHORITY mOR GPRIVATE rENTITY. e g g G O V E R N O R L T G O V E R N O R March 22,2021 The Honorable Raul Pate Sccretan"ofState of Iowa StateCapitol Dcs Moines,Iowa 50319 Dear Mr.Sccretan*, Iherebytransmit:

SenateFile232,anActrelatingtonoticeandreclamationrequirementsforabandonedBE vehiclestakenintocustodybvapoliceauthorityorprivateentit^^IT TheENACTED aboveSenateFileisherebyapprovedonBY thisdate.THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

Sinilerelv.Section 1.

KSection i321.89, msubsection Ciovernor3, oCode cc:2021, is amended to read as follows:

Secretar}'oftheSenate Clerk of the House STATE CAPITOL DES MOINES,IOWA 50319 515.281.5211 FAX 515.725.3527 WWW.GOVERNOR.IOWA.GOV BIOHT iiiiuiiiiiiiiiniimiirmnilimnilltlMllllllliliiiti G E N K R A L A S S E M B E Y S e n a t eF i l e 2 3 2 A N A C T RELATING TO NOTICE AND RECLAMATION REQUIREMENTS FOR ABANDONED V E H I C L E T A K E N I N T O C U S T O D B Y A P O L I C E A U T H O R I TO R P R I V A T E E N T I T Y .

B E I T E N A C T E B Y T H E G E N E R A LA S S E M B L O P T H E S T A T EO F I O W A :

Section 1 .

Section 321.89, subsection 3 , Code 2021, is a m e n d e dt o read a s f o l l o w s :

Notification oof f owner, lienholders, and other claimants.

a,a. A police authority or private entity that takes into custody an abandoned vehicle shall notify, within send notice by certified mail that the vehicle has been taken into custody no more than twenty daySf by certified maili after taking custody of the vehicle.

NoticeA shallpolice beauthority sentor toprivate theentity lastthat knowntakes addressinto ofcustody recordan ofabandoned thevehicle lastshall knownnotify, registeredwithin ownersend ofnotice theby vehicle,certified allmail lienholdersthat ofthe record,vehicle andhas anybeen othertaken knowninto claimantcustody tono themore vehiclethan ortwenty todays, poraonalby propertycertified foundmail, inafter thetaking vchiclG#—addrooacdcustody to the partiGo'—last known addrGoaoo of rocord/—that the abandonodvehicle. vohiclG has boon takon into cuotody.

Notice shall be sent to the last known address of record of the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to the parties’ last known addresses of record, that the abandoned vehicle has been taken into custody .

The notice shall dcocribGdescribe include all of the following;following:

(1) A description of the year, make, model, and vehicle identification number of the vehicle/vehicle, doscribGdescribe the poroonalpersonal property found in the vohiclGi—ootvehicle, set forth tho^^ (2) The location of the facility. where the vehicle is being heldT—and informj_ ( 3 ) Information for the persons receiving the notice of Senate File 232, p.

(2) The location of the facility where the vehicle is being held, and inform .

(3) Information for the persons receiving the notice of Senate File 232, p.

Persons may reclaim the vehicle or personal property upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of notice required pursuant to this ssubsection. u b s e c t T h n o t is h a l l a l s o s t a t e (4) A statement that -the failure of the owner, lienholders, or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lienholders, and claimants of all right, title, claim, and interest in the vehicle or personal property a n d .

(5)The Anotice statementshall thatalso failurestate to(4) reclaimA thestatement vehiclethat orthe personalfailure propertyof is deemed consent for the policeowner, authoritylienholders, or privateclaimants entity to theexercise saletheir ofright sellto reclaim the vehicle at a public auction or disposalpersonal disposeproperty ofwithin the vehicletime toprovided ashall demolisherbe anddeemed toa disposalwaiver disposeby of the personalowner, propertylienholders, byand saleclaimants orof dall eright, stitle, tclaim, rand uinterest cin tthe ivehicle oor npersonal .property and.

(5) A statement that failure to reclaim the vehicle or personal property is deemed consent for the police authority or private entity to the sale of sell the vehicle at a public auction or disposal dispose of the vehicle to a demolisher and to disposal dispose of the personal property by sale or destruction.

If the abandoned vehicle was taken into custody by a private entity without a police authority'sauthority’s initiative, the notice shall state that the private entity may claim a garagekeeper'sgaragekeeper’s lien as described in section 321.90, subsection 1, and may proceed to sell or dispose of the vehicle.

If the abandoned vehicle was taken into custody by a police authority or by a private entity hired by a police authority, the notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or personal property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to ccontest othose nmatters. t t h o sm a t t e r s .

3 f,f. A court in any case in law or equity shall not recognize any right, title, claim, or interest of the owner, lienholders, or claimants after the expiration of the ten-day reclaiming period.

b-rA Ifcourt itin isany impossiblecase toin determinelaw withor reasonableequity certaintyshall thenot identityrecognize identitiesany andright, addressestitle, ofclaim, theor lastinterest registeredof ownerthe andowner, all lienholders, noticeor byclaimants oneafter publicationthe inexpiration one newspaper of general circulation in the areaten-day wherereclaiming tperiod. h v e h i cw a s a b a n s h a l l be s u f f i c i e n t t o m e e t a l l requirements of notice under this section.

Theb. published notice may contain multiple listings of abandoned vehicles aftd personal property but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in paragraph " this subsection.

g.

If it is impossible to determine with reasonable certainty the identity identities and addresses of the last registered owner and all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice under this section.

The published notice may contain multiple listings of abandoned vehicles and personal property but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in paragraph “a” this subsection.

NEW SSUBSECTION U. B S E C T 3 A .Reclamation o f a b a n d vehicles.

Prior3A. to driving an abandoned vehicle away from the premises, a person who received or who is reclaiming the vehicle of behalf of a person who received notice under subsection 3 shall present to the police authority or private entity, as applicable, the person's valid driver's license and proof of financial^iability coverage as provided in^section 321.20B.

TKEReclamation Cof Habandoned Avehicles. P M A N P A G R A S S L E Y P r e s i do ft h S e n a t e Speaker of/^e House I hereby certify that this bill originated in the Senate and is known as Senate Pile 232, Eighty-ninth General Assembly.

tj/Prior .to driving an abandoned vehicle away from the premises, a person who received or who is reclaiming the vehicle of behalf of a person who received notice under subsection 3 shall present to the police authority or private entity, as applicable, the person’s valid driver’s license and proof of financial liability coverage as provided in section 321.20B.

W______________________________ .C______________________________ HJAKE ACHAPMAN RPAT LSGRASSLEY MPresident I T H S O N Secretary of the Senate ApprovedSpeaker 2of 0the 2House 1I Khereby Icertify Rthat Ethis Ybill Noriginated Oin Lthe DSenate Sand Gis oknown vas eSenate rFile n232, oEighty-ninth rGeneral Assembly.

______________________________ W.

CHARLES SMITHSON Secretary of the Senate Approved _______________, 2021 ______________________________ KIM REYNOLDS Governor