House of Representatives

SB 1174

abandoned vehicles; payment of costs

Sponsors: Senators Richardson, Solomon, et al

dpa	Committee on Transportation
dpa	Caucus and COW
x	As Passed the House

SB 1174 requires reimbursement of abandoned vehicle storage costs and filing fees to the person in possession of an abandoned vehicle before a law enforcement officer orders the removal of the vehicle from the property, unless the law enforcement officer is required to impound or remove the vehicle in accordance with the law.

History

Current statute provides a law enforcement officer with authority to order the removal of a vehicle if the officer has reasonable grounds to believe the vehicle has been lost, stolen, or abandoned. A vehicle is defined as “abandoned” if it is left unattended for more than 72 hours on public or private property. If the vehicle is not a stolen vehicle and removal from the property is not ordered by a law enforcement officer, a person in possession of a vehicle may either file an abandoned vehicle report directly with the Motor Vehicle Division (MVD) or privately contract with a towing agency to have the vehicle removed. If the person in possession of the vehicle files an abandoned vehicle report, the MVD notifies all persons with an ownership interest in the vehicle that if the vehicle is not claimed, ownership will be transferred to the person in possession of the vehicle. If the person has the vehicle towed from their property, the tower is required to file an abandoned vehicle report with MVD if the vehicle is unclaimed after ten days. In either case, an abandoned vehicle report must be filed, which requires a processing fee of ten dollars. In addition to the ten dollar abandoned vehicle processing fee, the person in possession of the abandoned vehicle must bear any costs they incur for storage of the vehicle.

If the vehicle owner claims the vehicle following the filing of the abandoned vehicle report, but before MVD awards ownership to the person holding the vehicle, current statute requires the vehicle owner pay a reasonable amount for storage and filing fees associated with the abandoned vehicle report. These reimbursements are to be paid by the owner to the person in possession of the vehicle.

Provisions

· Requires reimbursement to the property owner for reasonable costs incurred for abandoned vehicle storage and filing before a law enforcement officer orders the removal of the vehicle if the property owner meets the following conditions:

a) Within 48 hours of discovering the vehicle, the property owner notifies a law enforcement agency within the jurisdiction of the abandoned vehicle.

b) Appropriately files notice of vehicle abandonment as prescribed by law.

· Exempts law enforcement agencies from paying the property owner for storage and filing costs if the law enforcement agency is required or authorized by law to remove the vehicle.

· Requires reimbursement of abandoned vehicle storage costs and filing fees to a property owner in counties with a population of 400,000 persons or less.

· Establishes maximum rates that may be charged at $5 per day or $500 for the duration of storage.

· Specifies the owner or lienholder or other person who has interest in the vehicle shall pay the storage costs and fees to the person on whose property the vehicle was discovered.

· Entitles a person in possession of a vehicle be paid a reasonable amount for storage of the vehicle and the fee for processing an abandoned vehicle report except when the vehicle is believed to be lost, stolen, abandoned or otherwise unclaimed in counties with a population of 400,000 persons or less.

· Allows off-duty officers and law enforcement officers to conduct inspections and to access any state or national criminal information system to determine if a vehicle is stolen.

· Makes a technical and conforming changes.

Senate Bill 1174 passed the Committee on Transportation amended as follows:

· Requires reimbursement of abandoned vehicle storage costs and filing fees to a property owner in counties with a population of 400,000 persons or less.

· Establishes maximum rates that may be charged at $5 per day or $500 for the duration of storage.

· Specifies the owner or lienholder or other person who has interest in the vehicle shall pay the storage costs and fees to the person on whose property the vehicle was discovered.

The Committee of the Whole adopted the Committee on Transportation amendments and further amended as follows:

· Entitles a person in possession of a vehicle be paid a reasonable amount for storage of the vehicle and the fee for processing an abandoned vehicle report except when the vehicle is believed to be lost, stolen, abandoned or otherwise unclaimed in counties with a population of 400,000 persons or less.

· Allows off-duty officers and law enforcement officers to conduct inspections and to access any state or national criminal information system to determine if a vehicle is stolen.

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44th Legislature

Second Regular Session 3 April 27, 2001

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