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S1092.....................................................by TRANSPORTATION
ABANDONED VEHICLES - Amends existing law to increase the threshold value
for disposition of low-valued abandoned motor vehicles from $200 to $700.
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1092
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO ABANDONED MOTOR VEHICLES; AMENDING SECTIONS 49-1814, 49-1815 AND
3 49-1816, IDAHO CODE, TO INCREASE THE THRESHOLD VALUE FOR DISPOSITION OF
4 LOW-VALUED VEHICLES FROM TWO HUNDRED DOLLARS TO SEVEN HUNDRED FIFTY DOL-
5 LARS AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 49-1814, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-1814. DISPOSITION OF LOW-VALUED VEHICLES. (1) If the vehicle is
10 appraised at a value not exceeding two seven hundred fifty dollars ($20750),
11 the provisions of sections 49-1809 through 49-1811, Idaho Code, shall not
12 apply, and the person or public agency which removed the vehicle shall:
13 (a) Prepare a certificate containing a description of the vehicle stating
14 the appraised value of the vehicle and indicating one (1) of the follow-
15 ing:
16 1. The agency which requested the tow has submitted a certified
17 statement that a declaration of opposition has not been received.
18 2. The registered and legal owners have signed a certified release
19 disclaiming any interest, which release shall be included with the
20 certificate.
21 3. The vehicle is in a condition that vehicle identification numbers
22 are not available to determine owners of record.
23 (b) Upon completion of the certificate, execute and deliver a bill of
24 sale, together with a copy of the certificate, either to the possessory
25 lienholder, who shall endorse the bill of sale to an automobile parts
26 dealer or to a scrap processor for disposal.
27 (2) Automobile parts dealers acquiring vehicles which are the subject of
28 certificates prepared and forwarded pursuant to this section shall be excused
29 from any fees which would otherwise be due to the department.
30 (3) A public agency may authorize, by contract, the removal or disposal
31 of low-valued vehicles. The contract shall be issued to the lowest responsible
32 bidder. Bills of sale shall then be executed and delivered, pursuant to sub-
33 section (1)(b) of this section, to the contractor.
34 (4) The following persons shall have the authority to make appraisals for
35 purposes of this chapter:
36 (a) Any member of the Idaho state police;
37 (b) Any regularly employed and salaried deputy sheriff or other employee
38 designated by the sheriff of any county;
39 (c) Any regularly employed and salaried peace officer or other employee
40 designated by the chief of police of any city;
41 (d) Any officer or employee of the division of motor vehicles designated
42 by the director;
43 (e) Any regularly salaried employee of a city, county, or city and county
2
1 designated by a board of county commissioners or by a city council; or
2 (f) Any regularly employed and salaried peace officer or other employee
3 of the department of parks and recreation designated by the director of
4 that department.
5 (5) An appraiser, upon completion of an appraisal within the meaning of
6 this chapter, shall notify the department of the appraisal and of the facts
7 upon which the appraisal was based.
8 SECTION 2. That Section 49-1815, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-1815. DISPOSITION OF LOW-VALUED VEHICLES -- PROCEDURE. The procedure
11 for the disposition of low-valued vehicles is as follows:
12 (1) The person or agency which removes the vehicle shall, within fifteen
13 (15) working days following the date of possession of the vehicle, make a
14 request to the department for the names and addresses of all persons having an
15 interest in the vehicle. No storage charge shall accrue beyond the fifteen
16 (15) day period unless the lienholder has made a request to the department as
17 provided in this section.
18 (2) The person or agency which removes the vehicle shall immediately upon
19 receipt of this information send, by certified mail with return receipt
20 requested, the following prescribed forms and enclosures to the registered
21 owner and legal owner at their addresses of record with the department, and to
22 any other person known to have an interest in the vehicle:
23 (a) A completed form entitled "Notice of Intent to Dispose of a Vehicle
24 Valued at $20750 or Less";
25 (b) A blank form entitled "Declaration of Opposition.".
26 (3) All notices to persons having an interest in the vehicle shall be
27 signed under penalty of perjury and shall include all of the following:
28 (a) A description of the vehicle, including make, year model, identifica-
29 tion number, license number, and state of registration;
30 (b) The names and addresses of the registered and legal owners of the
31 vehicle and any other person known to have an interest in the vehicle;
32 (c) The following statements and information:
33 1. The amount of the lien;
34 2. The facts concerning the claim which give rise to the lien;
35 3. The person has a right to a hearing in court;
36 4. If a hearing in court is desired, a declaration of opposition
37 form shall be signed under penalty of perjury and returned to the
38 agency which requested the tow within ten (10) days of the date the
39 notice of intent to dispose of a vehicle valued at seven hundred
40 fifty dollars ($20750) or less form was mailed; and
41 5. The declarant may be liable for court costs if a judgment is
42 entered in favor of the possessory lienholder.
43 (d) A statement that the possessory lienholder may dispose of the vehicle
44 to a certified automobile parts dealer if it is not redeemed or if a dec-
45 laration of opposition form is not signed and mailed to the agency which
46 requested the tow within ten (10) days of the date the notice of intent to
47 dispose of a vehicle valued at seven hundred fifty dollars ($20750) or
48 less form was mailed.
49 (4) If the agency which requested the tow receives a completed declara-
50 tion of opposition form within the time prescribed, the vehicle shall not be
51 disposed of for an additional fifteen (15) day period during which time the
52 individual filing the declaration of opposition must file an action with the
53 appropriate court and cause the possessory lienholder to be served with the
3
1 summons and complaint. The filing and service of the action will stay disposal
2 of the vehicle pending decision by the court unless the declarant subsequently
3 releases his interest in the vehicle.
4 SECTION 3. That Section 49-1816, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 49-1816. DISPOSITION OF LOW-VALUED VEHICLE -- AUTOMOBILE PARTS DEALER.
7 (1) Any vehicle determined to have a value not exceeding two seven hundred
8 fifty dollars ($20750) which was stored pursuant to this chapter, and which
9 remains unclaimed, or for which reasonable towing and storage charges remain
10 unpaid, shall be disposed of only to an automobile parts dealer not earlier
11 than fifteen (15) days after the date the notice of intent to dispose of a
12 vehicle valued at two seven hundred fifty dollars ($20750) or less form was
13 mailed, unless a declaration of opposition form has been signed and returned
14 to the possessory lien holder lienholder.
15 (2) If the vehicle has been disposed of to an automobile parts dealer,
16 the person or agency removing the vehicle shall forward the following forms
17 and information to the department within five (5) days:
18 (a) A statement, signed under penalty of perjury, that a properly exe-
19 cuted declaration of opposition form was not received;
20 (b) A copy of the notice sent to all interested parties;
21 (c) A certification from the public agency which made the determination
22 of value pursuant to section 49-1814, Idaho Code;
23 (d) The proof of service or a copy of the court judgment;
24 (e) The name, address, and telephone number of the certified automobile
25 parts dealer who received the vehicle; and
26 (f) The amount the person or agency removing the vehicle received for the
27 vehicle.
STATEMENT OF PURPOSE
RS 10960
This legislation will bring a threshold established in 1982 to
more current standards. The current threshold for allowing prompt
disposition of vehicles is $200. Raising that limit to $750
tracks with the increase in cost of vehicles and the value of
even marginal used cars. Under current statute, towing companies
lose money in towing and storing vehicles of low value and are
justified in requesting this raising of the threshold.
FISCAL IMPACT
There is no fiscal impact from this legislation.
STATEMENT OF PURPOSE/FISCAL NOTE S 1092
Contact
Name: Senator John Goedde
Phone:
332-1355