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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 - 2002IN 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 1orpurchaser 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 costsofincurred 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) Alien holderlienholder 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. Thelien holderlienholder 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 alien holderlienholder 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)MoneysExcess 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