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H0247.........................................by TRANSPORTATION AND DEFENSE MOTOR VEHICLES - TOWED - Amends existing law to provide that a possessory lienholder shall request the names and addresses of persons having an interest in a vehicle, which has been towed at the direction of an authorized officer, within forty-eight hours after acquiring possession of the vehicle; to provide for notice to legal or registered owners within forty-eight hours after receiving the information; to provide the form of notice if the vehicle is removed from real property under particular circumstances; and to impose similar time requirements with respect to procedures for disposition of low-valued vehicles. 02/15 House intro - 1st rdg - to printing 02/16 Rpt prt - to Transp
H0247|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 247 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO ABANDONED MOTOR VEHICLES; AMENDING SECTION 49-1809, IDAHO CODE, TO 3 PROVIDE THAT A POSSESSORY LIENHOLDER SHALL REQUEST THE NAMES AND ADDRESSES 4 OF PERSONS HAVING AN INTEREST IN THE VEHICLE WITHIN FORTY-EIGHT HOURS 5 AFTER ACQUIRING POSSESSION OF THE VEHICLE, TO PROVIDE FOR NOTICE TO LEGAL 6 OR REGISTERED OWNERS WITHIN FORTY-EIGHT HOURS OF RECEIVING THE INFORMA- 7 TION, TO PROVIDE THE FORM OF NOTICE IF THE VEHICLE IS REMOVED FROM REAL 8 PROPERTY UNDER PARTICULAR CIRCUMSTANCES AND TO MAKE TECHNICAL CORRECTIONS; 9 AND AMENDING SECTION 49-1815, IDAHO CODE, TO REQUIRE THAT THE AGENCY 10 REMOVING THE VEHICLE REQUEST THE NAMES AND ADDRESSES OF PERSONS HAVING AN 11 INTEREST IN THE VEHICLE WITHIN FORTY-EIGHT HOURS AFTER TAKING POSSESSION 12 OF THE VEHICLE, TO PROVIDE THAT NO STORAGE CHARGES SHALL ACCRUE BEYOND THE 13 FORTY-EIGHT HOUR PERIOD EXCEPT AS PROVIDED IN THE SECTION, TO REQUIRE THAT 14 THE PRESCRIBED FORMS BE SENT TO THE REGISTERED OR LEGAL OWNER AND OTHER 15 PERSONS HAVING AN INTEREST IN THE VEHICLE WITHIN FORTY-EIGHT HOURS OF 16 RECEIVING THIS INFORMATION AND TO MAKE TECHNICAL CORRECTIONS. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 49-1809, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-1809. REQUEST BY POSSESSORYLIEN HOLDERLIENHOLDER 21 FOR NAMES AND ADDRESSES OF INTERESTED PERSONS -- NOTICE OF SALE TO SAT- 22 ISFY LIEN. (1) Within forty-eight (48) hours, excluding weekends and 23 holidays, aAfter acquiring possession of a vehicle in any 24 manner authorized by the provisions of this chapter, the possessorylien25holderlienholder shall make a request to the department 26 for the names and addresses of all persons having an interest in the vehicle 27 as appears in the department records. The possessorylien holder28 lienholder shall, upon receipt of this information,29 notify all legal or registered ownersin accordance with section3049-1805, Idaho Codewithin forty-eight (48) hours of receipt of 31 this information, excluding weekends and holidays , unless otherwise 32 already complied with. Notices shall be in accordance with section 33 49-1805, Idaho Code, unless the vehicle was acquired under the provisions of 34 section 49-1806(1), Idaho Code, in which case the notice shall include: 35 36 (a) The name, address and telephone number of the possessory lien- 37 holder; 38 39 (b) A description of the vehicle, including make, year, model, iden- 40 tification number, license number and state of registration; 41 42 (c) The names and addresses of the registered and legal owners of 43 the vehicle and any other person known to have an interest in the vehicle; 2 1 and 2 3 (d) The amount of the lien and the facts concerning the claim which 4 gave rise to the lien. 5 Whenever a vehicle has been removed under the provisions of this chapter and 6 the possessorylien holderlienholder has sent the 7 notice as provided, the possessorylien holderlienholder 8 shall have a lien dependent upon possession for his compensation for 9 towage and for caring for and keeping safe the vehicle for a period not 10 exceeding sixty (60) days. If the vehicle is not recovered by the owner within 11 that period or the owner is unknown, the keeper of the garage may satisfy his 12 lien in the manner prescribed in this chapter. The lien shall not be assigned. 13 (2) No lien shall attach to any personal property in or on the vehicle. 14 Personal property in or on the vehicle shall be given to the registered owner 15 or owner's authorized agent upon demand. Thelien holder16 lienholder shall not be responsible for property after any vehicle has 17 been disposed of pursuant to this chapter. 18 SECTION 2. That Section 49-1815, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-1815. DISPOSITION OF LOW-VALUED VEHICLES -- PROCEDURE. The procedure 21 for the disposition of low-valued vehicles is as follows: 22 (1) The person or agency which removes the vehicle shall, within23fifteen (15) working daysforty-eight (48) hours, excluding week- 24 ends and holidays, following the date of possession of the vehicle, 25 make a request to the department for the names and addresses of all persons 26 having an interest in the vehicle. No storage charge shall accrue beyond the 27fifteen (15) dayforty-eight (48) hour period unless 28 the lienholder has made a request to the department as provided in this sec- 29 tion. 30 (2) The person or agency which removes the vehicle shallimmedi-31ately uponwithin forty-eight (48) hours of receipt of 32 this information , excluding weekends and holidays, send, by cer- 33 tified mail with return receipt requested, the following prescribed forms and 34 enclosures to the registered owner and legal owner at their addresses of 35 record with the department, and to any other person known to have an interest 36 in the vehicle: 37 (a) A completed form entitled "Notice of Intent to Dispose of a Vehicle 38 Valued at $200 or Less"; 39 (b) A blank form entitled "Declaration of Opposition". 40 (3) All notices to persons having an interest in the vehicle shall be 41 signed under penalty of perjury and shall include all of the following: 42 (a) A description of the vehicle, including make, year model, identifica- 43 tion number, license number, and state of registration; 44 (b) The names and addresses of the registered and legal owners of the 45 vehicle and any other person known to have an interest in the vehicle; 46 (c) The following statements and information: 47 1. The amount of the lien; 48 2. The facts concerning the claim which give rise to the lien; 49 3. The person has a right to a hearing in court; 50 4. If a hearing in court is desired, a declaration of opposition 51 form shall be signed under penalty of perjury and returned to the 52 agency which requested the tow within ten (10) days of the date the 53 notice of intent to dispose of a vehicle valued at two hundred 3 1 dollars ( $200 ) or less form was mailed; and 2 5. The declarant may be liable for court costs if a judgment is 3 entered in favor of the possessory lienholder. 4 (d) A statement that the possessory lienholder may dispose of the vehicle 5 to a certified automobile parts dealer if it is not redeemed or if a dec- 6 laration of opposition form is not signed and mailed to the agency which 7 requested the tow within ten (10) days of the date the notice of intent to 8 dispose of a vehicle valued at two hundred dollars ( $200 9 ) or less form was mailed. 10 (4) If the agency which requested the tow receives a completed declara- 11 tion of opposition form within the time prescribed, the vehicle shall not be 12 disposed of for an additional fifteen (15) day period during which time the 13 individual filing the declaration of opposition must file an action with the 14 appropriate court and cause the possessory lienholder to be served with the 15 summons and complaint. The filing and service of the action will stay disposal 16 of the vehicle pending decision by the court unless the declarant subsequently 17 releases his interest in the vehicle.
STATEMENT OF PURPOSE
RS08986
This change will give tow operators a means to perfect a lien on
vehicles removed from private property, and will provide for
timely notice to all persons having an interest in low valued
vehicles that are removed by any person or agency.
FISCAL NOTE
This change will have no fiscal impact.
CONTACT: Douglas Gaskell
Idaho Independent Auto Dealers Association
208/376-9517
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 247