2002 Legislation
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SENATE BILL NO. 1396 – Abandoned vehicles, fee/liability

SENATE BILL NO. 1396

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


	                 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