2001 Legislation
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SENATE BILL NO. 1097 – Vehicle abandoned, storage charge

SENATE BILL NO. 1097

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Daily Data Tracking History



S1097.....................................................by TRANSPORTATION
MOTOR VEHICLES - ABANDONED - Amends existing law to provide that no storage
charges in excess of forty-eight hours shall accrue to the registered and
legal owner of an abandoned vehicle if such owner did not receive timely
notification of a post-storage hearing as required by law; and to provide
that it is a misdemeanor for a person to remove an abandoned vehicle,
unless he has paid in full all the charges and costs authorized to be
incurred.
                                                                        
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. 1097
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ABANDONED MOTOR VEHICLES; AMENDING SECTION 49-1812, IDAHO CODE, TO
  3        PROVIDE THAT NO STORAGE CHARGES  IN  EXCESS  OF  FORTY-EIGHT  HOURS  SHALL
  4        ACCRUE  TO  THE REGISTERED AND LEGAL OWNER OF AN ABANDONED VEHICLE IF SUCH
  5        OWNER DID NOT RECEIVE TIMELY NOTIFICATION OF  A  POST-STORAGE  HEARING  AS
  6        REQUIRED  BY  LAW  AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION
  7        49-1813, IDAHO CODE, TO PROVIDE THAT IT IS A MISDEMEANOR FOR A  PERSON  TO
  8        REMOVE  AN  ABANDONED  VEHICLE  UNLESS HE HAS PAID IN FULL ALL CHARGES AND
  9        COSTS AUTHORIZED TO BE INCURRED.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 49-1812, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        49-1812.  CLAIMING  OF  ABANDONED  VEHICLES. (1) The owner of an abandoned
 14    vehicle may take possession of the abandoned vehicle at any time prior to sale
 15    by proving ownership and paying the costs relative to towing and  storing  the
 16    vehicle  and  costs  of  advertising  except  as otherwise provided in section
 17    49-1805, Idaho Code, or as otherwise provided in subsection (2) of  this  sec-
 18    tion.
 19        (2)  When  timely notification of the towing and storage of the vehicle is
 20    not furnished to the registered and  legal  owners  as  required  in  sections
 21    49-1805 and 49-1809, Idaho Code, no storage charges shall accrue to the regis-
 22    tered and legal owners in excess of forty-eight (48) hours.
 23        (3)  A  lien holder lienholder of an abandoned vehicle may take possession
 24    of the abandoned vehicle at the sale by proving the presence of the  lien  and
 25    by  paying  the  costs relative to towing and storing the vehicle and costs of
 26    advertising. The lien holder lienholder may also take possession of the  aban-
 27    doned  vehicle  by purchasing the vehicle at the sale. Nothing in this chapter
 28    shall be construed to abate any cause of action that a lien holder  lienholder
 29    has against the owner of an abandoned vehicle.
                                                                        
 30        SECTION  2.  That  Section 49-1813, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        49-1813.  REMOVAL WITHOUT PAYMENT PROHIBITED. Unauthorized removal  of  an
 33    abandoned  vehicle  from  the  custody  of  the department, the sheriff, state
 34    police or police department, or from the custody of  any  person  holding  the
 35    abandoned  vehicle  for  the  department,  the sheriff, state police or police
 36    department without payment in full of all charges and  costs  that  have  been
 37    authorized to be incurred under the provisions of this chapter shall be a mis-
 38    demeanor  and  the  abandoned  vehicle may be recovered and disposed of by the
 39    department, the sheriff, state police or police department.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                           RS RS10962
                                
The purpose of this legislation is to clarify that storage
charges for abandoned vehicles, in the event that the
registered and legal owners are not notified of the tow and
storage within the 48 hours currently required by Idaho Code,
shall be limited to 48 hours.

The current Idhao Code does not address how much storage
time can be charged when the registered and legal owners are
not notified.






                         FISCAL IMPACT
                                
No fiscal impact to the general fund

                                
                                
                                
                                
                                
                                
                                
                                
Contact
Name: Senator Cecil Ingram 
Phone: 332 1332
                                
                                
STATEMENT OF PURPOSE/FISCAL NOTE                       S 109