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HOUSE BILL NO. 802

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Daily Data Tracking History

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H0802......................................................by STATE AFFAIRS
TOWING FIRMS - Adds to existing law to provide that a towing firm acquiring
possession of a motor vehicle at the request and direction of a peace
officer shall send notice of the towing and storage of the vehicle to the
registered and legal owner and shall thereafter have a possessory lien for
the costs of towing and storage of the vehicle for sixty days, to provide
that the possessory lienholder may sell the vehicle to satisfy his lien if
all outstanding charges are not paid within that period, to provide for
additional information to be given in the notice, and to provide that no
lien shall attach to personal property in or on the vehicle.

03/05    House intro - 1st rdg - to printing
03/06    Rpt prt - to Bus

Bill Text

H0802


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 802

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO POSSESSORY LIENS FOR TOWING AND STORAGE OF MOTOR VEHICLES;  AMEND-
 3        ING  CHAPTER  17,  TITLE  49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 4        49-1704A, IDAHO CODE, TO PROVIDE THAT A TOWING FIRM  ACQUIRING  POSSESSION
 5        OF  A  MOTOR  VEHICLE  AT  THE REQUEST AND DIRECTION OF A PEACE OFFICER TO
 6        REMOVE THE VEHICLE SHALL SEND NOTICE OF THE TOWING AND STORAGE TO THE REG-
 7        ISTERED AND LEGAL OWNER  OF  THE  VEHICLE  AND  SHALL  THEREAFTER  HAVE  A
 8        POSSESSORY  LIEN  FOR  THE  COSTS OF TOWING AND STORAGE OF THE VEHICLE FOR
 9        SIXTY DAYS, TO PROVIDE THAT THE POSSESSORY LIENHOLDER MAY SELL THE VEHICLE
10        TO SATISFY HIS LIEN IF ALL OUTSTANDING CHARGES ARE NOT  PAID  WITHIN  THAT
11        PERIOD,  TO  PROVIDE FOR ADDITIONAL INFORMATION TO BE GIVEN IN THE NOTICE,
12        AND TO PROVIDE THAT NO LIEN SHALL ATTACH TO PERSONAL PROPERTY IN OR ON THE
13        VEHICLE.

14    Be It Enacted by the Legislature of the State of Idaho:

15        SECTION 1.  That Chapter 17, Title 49, Idaho Code, be,  and  the  same  is
16    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
17    known and designated as Section 49-1704A, Idaho Code, and to read as follows:

18        49-1704A.  LIEN FOR TOWING AND STORAGE OF A MOTOR VEHICLE AT THE DIRECTION
19    OF A PEACE OFFICER. (1) A towing firm acquiring possession of a motor  vehicle
20    upon the request and at the direction of a peace officer to remove the vehicle
21    shall  provide notice to the registered and legal owner of the vehicle as pro-
22    vided in section 49-1702, Idaho Code, and subsection (2) of this section,  but
23    without  the necessity of obtaining the consent of the owner to the towing and
24    storage. After removing the vehicle at the peace officer's direction and send-
25    ing the notice, the towing firm shall have a lien  dependent  upon  possession
26    for  the costs of towing and storage of the vehicle for a period not to exceed
27    sixty (60) days.  If the outstanding towing and storage charges are  not  paid
28    within that period, the possessory lienholder may proceed to conduct a sale of
29    the  vehicle, subject to the requirements of this chapter. The lien may not be
30    assigned.
31        (2)  In addition to the other information required in the notice described
32    in section 49-1702, Idaho Code, the towing firm  shall  specify  the  location
33    where  the  vehicle  is  being  stored,  the amount of the towing charges, the
34    accrued and accruing storage charges and a statement that if  all  outstanding
35    charges  are not paid within sixty (60) days of the notice, the vehicle may be
36    subject to sale as provided in chapter 17, title 49, Idaho Code.
37        (3)  No lien shall attach to any personal property in or on  the  vehicle.
38    Personal  property in or on the vehicle shall be given to the registered owner
39    or owner's authorized agent upon demand.  The lienholder shall not be  respon-
40    sible for property after a vehicle has been disposed of pursuant to this chap-
41    ter.

Statement of Purpose / Fiscal Impact

    





                         STATEMENT OF PURPOSE
    
                               RS 08180
    
    This legislation creates a new section in the law to 
    provide tow truck operators a way to collect tow bills on 
    vehicles towed at the request of a law enforcement officer. The 
    current abandoned vehicle statute does no protect the tow truck 
    operator.
    
    FISCAL NOTE
    
    None.
    
    CONTACT: Representative Ron Crane
              (208) 332-1000
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    Bill No. H 802