ARIZONA STATE SENATE
Phoenix, Arizona
watercraft; towing
companies; notice
Purpose
Allows the Arizona Game and
Fish Department to release watercraft registration information to towing companies
in possession of an unidentified watercraft for the purpose of notifying the
owners and lien holders of their intent to sell the watercraft. Allows the Department to transfer ownership
of abandoned watercrafts to a towing company.
Background
The Arizona Game and Fish
Department (Department) can divulge information from a watercraft registration
record only if the person requesting the information knows the name of the
owner, the hull identification number and the Department-issued number assigned
to the watercraft. Some persons and
agencies are exempt from these requirements, including state and federal
agencies or courts, officers of the law, certain financial institutions,
private investigators and attorneys.
However, in the case of an abandoned watercraft at a towing company, the
Department is unable to divulge ownership information.
S.B. 1250 establishes the
requirements for notifying watercraft owners and lien holders that a towing
company is in possession of their watercraft.
The bill also establishes transfer of ownership procedures for both the
Department and the towing company if no authorized persons come forward to
claim the watercraft. There is no known
fiscal impact to the state general fund relating to the provisions of this bill.
Provisions
Towing Company Responsibilities
1. Requires a towing company that tows a watercraft to obtain watercraft registration information from the Department and to notify the owners and lien holders of the watercraft’s location.
2. Requires the towing company to submit a report to the Directors of the Department of Public Safety and the Arizona Game and Fish Department if the watercraft is not claimed within ten days after notifying the owner and lien holders of the watercraft’s location.
3. Requires the towing company to notify the Department within 24 hours if the watercraft is claimed by the owners or lien holders.
Notification Process and Transfer of Ownership
4. Allows the Department to supply watercraft registration information to towing companies that possess an unidentified watercraft and intend to notify the owners and lien holders of the watercraft of the company’s intent to sell the watercraft.
5. Requires the Department, upon receipt of a report by a towing company of an unclaimed watercraft, to determine the names of the owners and lien holders and notify all interested parties by mail. Stipulates that the notice must be mailed within 5 days for watercrafts with in-state records and 30 days for all other watercrafts.
6. Stipulates that if the Department is unable to determine the names of the owners and lien holders, the Department must publish a notice of its intent to transfer ownership of the watercraft in a newspaper of general circulation in the county in which the watercraft was towed.
7. Stipulates that if the watercraft remains unclaimed 30 days after the notice was mailed to the owners and lien holders or ten days after the notice was published in the newspaper, the Director must determine if the watercraft is stolen.
8. Allows the Director, upon receiving notification that the watercraft is not stolen, to transfer ownership of the watercraft to the towing company free and clear of all liens or encumbrances.
9. Requires the towing company, in order for ownership of the watercraft to be transferred, to certify that it is in possession of the watercraft and that no person has entered into an agreement for the release or return of the watercraft.
Liability
10. Removes liability from the state, its agencies and employees for relying in good faith upon the contents of the reports and affidavits.
11. Removes liability from the towing company for obtaining a transfer of ownership if the towing company complies with the requirements of this article.
Miscellaneous
12. Makes technical changes.
13. Provides for a general effective date.
Prepared by Senate Staff
February 4, 2002