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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN 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) Alien holderlienholder 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. Thelien holderlienholder 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 alien holderlienholder 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 coststhat have been37 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 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