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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 - 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
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