2001 Legislation
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SENATE BILL NO. 1092 – Abandoned vehicles, disposition


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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
  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
  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:
  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 / Fiscal Impact

                      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.


       Name: Senator John Goedde