ARIZONA STATE SENATE
Phoenix, Arizona
abandoned vehicles; payment
of costs
Requires reimbursements
of storage costs and processing fees
for vehicles abandoned on federal, state, public or private property.
Statute defines an abandoned
vehicle as a vehicle left unattended for more than 72 hours on public or
private land. A person in possession of
a vehicle may either file an abandoned vehicle report directly with the Motor
Vehicle Division or privately contract with a towing agency to have the vehicle
removed. In both cases, 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
undertake the storage of the vehicle or contracts with a towing agency to store
the vehicle.
Currently, statute allows a
person in possession of an abandoned vehicle to be paid a reasonable amount for
the storage and for the fee associated with filing an abandoned vehicle
report. These reimbursements are to be
paid by the owner, lien holder or person in interest of the vehicle. However, there is no mechanism that requires
the reimbursement of these costs before the abandoned vehicle is actually
removed.
There is no known fiscal impact to the state general fund
associated with this bill.
1. Entitles property owners in counties of a population of no more than 400,000 to a reimbursement of costs incurred for abandoned vehicle storage of no more than $5 per day not to exceed $500 and for fees associated with processing an abandoned vehicle report prior to removal of the vehicle.
2. Requires a notice of vehicle abandonment to be filed in a manner prescribed by law prior to any reimbursement of costs.
3. Requires the property owner to notify a law enforcement agency in the jurisdiction, by telephone, of the abandoned vehicle within 48 hours of it's discovery.
4. Exempts law enforcement officers from payment of costs for removing or causing the removal of an abandoned vehicle.
5. Permits the access of any state or national crime information system by authorized law enforcement officers investigating abandoned vehicles in determining if a vehicle is stolen.
6. Makes conforming changes.
7. Provides for a general effective date.
Amendments
Adopted by Committee
1. Requires notification of law enforcement agency within 48 hours of the vehicle's discovery in order to collect any reimbursements.
2. Excludes parties from provisions requiring payment before an abandoned vehicle is removed from them.
3. Excludes law enforcement from provisions requiring any form of payment caused by impounding or removing a vehicle.
Amendments
Adopted by Committee of the Whole
1. Requires the person in possession of an abandoned vehicle to notify, by telephone, the law enforcement agency within the jurisdiction of the abandoned vehicle.
2. Removes the requirement for the person in possession of an abandoned vehicle to have filed an intention to transfer ownership.
Amendments
Adopted by the House of Representatives
1. Limits the application of reimbursement for storage costs and processing fees for vehicles abandoned to counties with a population of no more than 400,000
2. Establishes a storage fee of no more than five dollars per day not to exceed $500.
3. Allows authorized law enforcement officers conduction investigations on abandoned vehicles to access any state or national crime information system to determine if a vehicle is stolen.
Senate Action House Action
TRANS 2/08/01 DPA 8-0-0 TRANS 4/2/01 DPA 9-0-0-1
3rd Read 2/21/01 DPA 28-1-1 3rd Read 4/10/01 36-21-3
Transmitted to the Governor: 4/16/01
Action:
Without signature 4/23/01
Chapter 210
Prepared by Senate Staff
May 4, 2001