Assigned to TRANS                                                                                   AS PASSED BY THE SENATE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

REVISED

FACT SHEET FOR S.B. 1174

 

abandoned vehicles; payment of costs

 

Purpose

 

Requires reimbursements of reasonable storage costs and processing fees for vehicles abandoned on federal, state, public or private property.

 

Background

 

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.

 

Provisions

 

1.      Entitles the property owner to a reimbursement of reasonable costs incurred for abandoned vehicle storage and fees incurred for 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.      Makes conforming changes.

 

6.      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.

 

Senate Action

 

TRANS                       2/08/01            DPA    8-0-0

3rd Read                       2/21/01            DPA    28-1-1

 

Prepared by Senate Staff

February 22, 2001