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S1396.....................................................by TRANSPORTATION
ABANDONED VEHICLES - Adds to and amends existing law to establish an
abandoned vehicle fee; to provide that filing a release of liability
statement releases the former owner of a vehicle from liability for any
motor vehicle infractions that occur subsequent to delivery of the vehicle
to a dealer, purchaser or other transferee; to revise the conditions which
constitute presumption regarding abandonment of a vehicle; to provide
presumption of liability of the last registered owner for a vehicle removed
under extraordinary circumstances; to provide for the claiming of a vehicle
by an owner or lien holder; to provide for deposit of the abandoned vehicle
fee to the Abandoned Vehicle Trust Account; to provide for claiming a
portion of the excess proceeds from the sale of an abandoned vehicle; and
to provide for distribution of the abandoned vehicle fee from the Abandoned
Vehicle Trust Account to law enforcement, tow companies and the Idaho
Transportation department.
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Transp
02/15 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 21-8-6
AYES -- Boatright, Brandt, Bunderson, Burtenshaw, Deide, Dunklin,
Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Noh, Richardson,
Risch(Risch), Sorensen, Stegner, Stennett, Thorne, Wheeler
NAYS -- Branch(Bartlett), Cameron, Darrington, Davis, Hawkins,
Schroeder, Sims, Williams
Absent and excused -- Andreason, Frasure, Geddes, King-Barrutia,
Marley, Sandy
Floor Sponsor - Goedde
Title apvd - to House
02/22 House intro - 1st rdg - to Transp
03/01 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 35-26-9
AYES -- Aikele, Bedke, Bieter, Black, Block, Boe, Bradford, Campbell,
Clark, Cuddy, Ellis, Eskridge, Field(13), Gould, Hadley, Hammond,
Henbest, Higgins, Jaquet, Jones, Kunz, Mader, Martinez, Montgomery,
Pomeroy, Raybould, Ridinger, Robison, Sellman, Shepherd, Smith(33),
Smylie, Stevenson, Stone, Young
NAYS -- Barraclough, Barrett, Bolz, Bruneel, Callister, Collins,
Crow, Denney, Ellsworth, Field(20), Harwood, Hornbeck, Kendell, Lake,
Loertscher, McKague, Moyle, Pearce, Pischner, Sali, Schaefer,
Smith(23), Tilman, Wheeler, Wood, Mr. Speaker
Absent and excused -- Bell, Deal, Gagner, Kellogg(Duncan), Langford,
Meyer, Mortensen, Roberts, Trail
Floor Sponsors - Shepherd & Cuddy
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/27 Governor signed
Session Law Chapter 366
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1396
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO ABANDONED MOTOR VEHICLES; AMENDING CHAPTER 32, TITLE 31, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 31-3201F, IDAHO CODE, TO ESTABLISH
4 AN ABANDONED VEHICLE FEE; AMENDING SECTION 49-526, IDAHO CODE, TO PROVIDE
5 THAT FILING A RELEASE OF LIABILITY STATEMENT RELEASES THE FORMER OWNER OF
6 A VEHICLE FROM LIABILITY FOR ANY MOTOR VEHICLE INFRACTIONS THAT OCCUR SUB-
7 SEQUENT TO DELIVERY OF THE VEHICLE TO A DEALER, PURCHASER OR OTHER TRANS-
8 FEREE; AMENDING SECTION 49-1802, IDAHO CODE, TO REVISE THE CONDITIONS
9 WHICH CONSTITUTE PRESUMPTION REGARDING ABANDONMENT OF A VEHICLE, TO PRO-
10 VIDE PRESUMPTION OF LIABILITY OF THE LAST REGISTERED OWNER FOR A VEHICLE
11 REMOVED UNDER EXTRAORDINARY CIRCUMSTANCES AND TO PROVIDE AN EXCEPTION;
12 AMENDING SECTION 49-1812, IDAHO CODE, TO PROVIDE FOR THE CLAIMING OF A
13 VEHICLE BY AN OWNER OR A LIENHOLDER OF A VEHICLE REMOVED UNDER EXTRAORDI-
14 NARY CIRCUMSTANCES AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION
15 49-1818, IDAHO CODE, TO PROVIDE FOR DEPOSIT OF THE ABANDONED VEHICLE FEE
16 TO THE ABANDONED VEHICLE TRUST ACCOUNT, TO PROVIDE FOR CLAIMING A PORTION
17 OF THE EXCESS PROCEEDS FROM THE SALE OF AN ABANDONED VEHICLE, AND TO PRO-
18 VIDE FOR DISTRIBUTION OF THE ABANDONED VEHICLE FEE FROM THE ABANDONED
19 VEHICLE TRUST ACCOUNT TO LAW ENFORCEMENT, TOW COMPANIES AND THE DEPART-
20 MENT.
21 Be It Enacted by the Legislature of the State of Idaho:
22 SECTION 1. That Chapter 32, Title 31, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24 ignated as Section 31-3201F, Idaho Code, and to read as follows:
25 31-3201F. ABANDONED VEHICLE FEE. The court shall charge a fee of one hun-
26 dred fifty dollars ($150) for reimbursement of expenses incurred in the dispo-
27 sition of an abandoned vehicle to be paid by each person found to have commit-
28 ted a traffic infraction according to the provisions of section 49-1802, Idaho
29 Code. Such fees shall be in addition to all other fines and fees levied. Such
30 fees shall be paid to the county treasurer who shall, within fifteen (15) days
31 after the end of the month, pay such fees to the state treasurer for deposit
32 to the abandoned vehicle trust account. Each fee shall be accompanied by a
33 record of the conviction.
34 SECTION 2. That Section 49-526, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 49-526. RELEASE OF LIABILITY UPON SALE OF VEHICLE. (1) The department
37 shall require that a separate release of liability statement be completed by
38 the owner of a motor vehicle upon sale or transfer of the motor vehicle to
39 another party. The statement shall be forwarded to the department by the
40 former owner, together with the proper fee as provided in section 49-202,
41 Idaho Code, within five (5) days of delivery of the motor vehicle to a dealer,
2
1 or purchaser or other transferee. The statement shall include the motor vehi-
2 cle identification number, vehicle description, name of seller, name of buyer,
3 date of sale, odometer reading, and sales price. Provided that:
4 (a) A lienholder may complete the release of liability on behalf of the
5 registered owner when the title is released by the lienholder directly to
6 a dealer or new purchaser.
7 (b) Motor vehicle dealers licensed under chapter 16, title 49, Idaho
8 Code, are not required to report dealer-to-dealer transfers to the
9 department. However, dealers are required to maintain a record of the
10 transfer for audit and tracking purposes.
11 (2) Any former owner who files a release of liability statement with the
12 department pursuant to this section shall not be liable under section 49-2417,
13 Idaho Code, nor shall the former owner be liable for any motor vehicle infrac-
14 tions that may occur subsequent to delivery of the vehicle to a dealer, pur-
15 chaser or other transferee.
16 SECTION 3. That Section 49-1802, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 49-1802. PRESUMPTION. (1) The abandonment of any vehicle shall create a
19 prima facie presumption that the last registered owner of record is responsi-
20 ble for the abandonment and is thereby liable for the costs of incurred in the
21 removal, storage and disposition of the vehicle, less any amount received from
22 the disposition of the vehicle.
23 (2) The owner of any vehicle removed under extraordinary circumstances is
24 presumed responsible for the vehicle and is thereby liable for the costs
25 incurred in the removal, storage and disposition of the vehicle, less any
26 amounts received from the disposition of the vehicle.
27 (3) If a vehicle is found abandoned or under extraordinary circumstances
28 and is removed at the direction of any authorized officer, and is not redeemed
29 by the owner or lienholder within seven (7) days of the tow, the last regis-
30 tered owner of record is guilty of a traffic infraction, unless the owner has
31 filed a release of liability with the department according to section 49-526,
32 Idaho Code, in which case the transferee shown on the release of liability
33 shall be guilty of a traffic infraction.
34 SECTION 4. That Section 49-1812, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 49-1812. CLAIMING OF ABANDONED VEHICLES. (1) The owner of an abandoned
37 vehicle or any vehicle removed under extraordinary circumstances may take pos-
38 session of the abandoned vehicle at any time prior to sale by proving owner-
39 ship and paying the costs relative to towing and storing the vehicle and costs
40 of advertising except as otherwise provided in section 49-1805, Idaho Code.
41 (2) A lien holder lienholder of an abandoned vehicle or any vehicle
42 removed under extraordinary circumstances may take possession of the abandoned
43 vehicle at any time prior to the sale by proving the presence of the lien and
44 by paying the costs relative to towing and storing the vehicle and costs of
45 advertising. The lien holder lienholder may also take possession of the aban-
46 doned vehicle by purchasing the vehicle at the sale. Nothing in this chapter
47 shall be construed to abate any cause of action that a lien holder lienholder
48 has against the owner of an abandoned vehicle.
49 SECTION 5. That Section 49-1818, Idaho Code, be, and the same is hereby
50 amended to read as follows:
3
1 49-1818. ABANDONED VEHICLE TRUST ACCOUNT -- APPROPRIATION AND USE.
2 (1) An account is established, to be known and designated as the abandoned
3 vehicle trust account. There shall be set aside, paid into and credited to the
4 account, moneys remaining from any sale of an abandoned vehicle or any vehi-
5 cle removed under extraordinary circumstances after satisfaction of all
6 possessory liens and costs of conducting the sale, and the fee authorized
7 under section 31-3201F, Idaho Code, collected by the district courts.
8 (2) Moneys Excess proceeds from abandoned vehicle sales deposited in the
9 abandoned vehicle trust account are hereby continuously appropriated to the
10 department for the purposes of satisfying allowable claims and reimbursing the
11 costs of administering the provisions of this chapter.
12 (3) Any person claiming an interest in the vehicle may file a claim with
13 the department for any portion of the excess proceeds from an abandoned vehi-
14 cle sale which were forwarded to the department. Upon determination of the
15 department that the claimant is entitled to some amount, the department shall
16 pay an amount which in no case shall exceed the amount forwarded to the
17 department in connection with the sale of the vehicle. The department shall
18 not honor any claim filed more than two (2) years after the sale.
19 (4) Each fee collected by the district courts pursuant to section
20 31-3201F, Idaho Code, shall be distributed as follows to the:
21 (a) Law enforcement agency that directed the tow of the vehicle involved
22 in the infraction...................................................$50.00
23 (b) Tow company that towed the vehicle involved in the infraction..$50.00
24 (c) Department.....................................................$50.00
25 Fees shall be distributed to law enforcement agencies and tow companies on a
26 monthly basis. All fees distributed to the department shall be deposited in
27 the state highway account.
STATEMENT OF PURPOSE
RS 11713
The purpose of this legislation is to make the abandonment
of a motor vehicle a traffic infraction and to provide for a
penalty. The penalty will help reduce the costs for law enforcement
and towers for their tow and final disposition of the abandoned
vehicle.
FISCAL IMPACT
A negligible fiscal impact will result from passage of this
legislation.
Contact
Name: John W. Goedde
Phone: 332-1355
STATEMENT OF PURPOSE/FISCAL NOTE S 1396