Bill > SSB1038

Introduced Session

Code sections 321.89 and 321.90 regulate the taking into custody and the disposal of abandoned vehicles, as defined in Code section 321.89. This bill amends certain provisions regarding required notices and information relating to an abandoned vehicle, the timeline to inspect or reclaim a vehicle, the reclamation of personal property from within an abandoned vehicle, and the disposal of an abandoned vehicle, and requires an opportunity for a person to inspect an abandoned vehicle. The bill reduces the period of time within which an entity that takes custody of an abandoned vehicle is required to send notice that the vehicle has been taken into custody from no more than 20 days to no more than 5 days after taking custody of the vehicle. The bill increases the reclaiming period for a person who receives notice from 10 days to 20 days after notice is received. The bill requires an entity with control of an abandoned vehicle to provide an itemized account of all S.F. _____ fees assessed when a vehicle is reclaimed, to allow access for persons to inspect the vehicle and share information about the vehicle, if requested, and to provide notice of such. The reclaiming period is extended by 5 days if an entity fails to provide requested information or allow an inspection of the vehicle. Under current law, persons who receive notice regarding an abandoned vehicle lose their right to the vehicle and personal property within the vehicle after the expiration of the reclaiming period. The bill provides that if proper, timely notice is not provided, any known claimant does not forfeit the right to reclaim the vehicle or personal property. Current law requires a person to pay all towing preservation and storage charges resulting from placing an abandoned vehicle in custody prior to reclaiming the vehicle or personal property. The bill requires all such charges to be reasonable, and authorizes a person to reclaim personal property from a vehicle during the normal business hours of the entity with custody of the vehicle at no cost and without reclaiming the vehicle. The bill requires an entity that sells an abandoned vehicle to pay a lienholder, if applicable, the amount remaining on the vehicle loan if the vehicle is sold and the entity that took it into custody failed to provide required notices and an opportunity to inspect and reclaim the vehicle and personal property, as applicable. By operation of law, it is a simple misdemeanor for a person to do an act forbidden or to fail to perform an act required by Code chapter 321, including the provisions of the bill. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.

Committee Categories

No sponsors listed

Other Sponsors (1)

Committee report approving bill, renumbered as SF 468. (on 02/26/2025)

Official Document