February 23, 2001





SENATE BILL No. 272

_____


DIGEST OF SB 272 (Updated February 21, 2001 11:54 AM - DI 51)



Citations Affected: IC 9-22; noncode.

Synopsis: Abandoned vehicles on private property. Applies the procedures for the private removal of abandoned vehicles on rental property to all private property, except vehicle sale lots, automobile scrapyards, and property of a member of the armed forces on active duty. Provides transitional procedures for abandoned vehicles towed from private property before the effective date of the act.

Effective: Upon passage.





Young R Michael, Howard, Clark




    January 11, 2001, read first time and referred to Committee on Judiciary.
    February 22, 2001, amended, reported favorably _ Do Pass.







February 23, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

SENATE BILL No. 272



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 9-22-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter does not apply to the following:
        (1) A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways.
        (2) A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment.
        (3) A vehicle located on a vehicle sale lot. or at a commercial vehicle servicing facility.
        (4) A vehicle located upon property licensed or zoned as an automobile scrapyard.
        (5) A vehicle registered and licensed under IC 9-18-12 as an antique vehicle.
    SECTION 2. IC 9-22-1-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) A person who finds a vehicle believed to be abandoned on the person's rental private property that the person owns or controls, including rental

property, may:
        (1) obtain the assistance of an officer under section 18 of this chapter to have the vehicle removed; or
        (2) personally arrange for the removal of the vehicle by complying with subsection (b) and section 16 of this chapter.
    (b) If the person wishes to personally arrange for the removal of the vehicle, the person
shall attach in a prominent place a notice tag containing the following information:
        (1) The date, time, name, and address of the person who owns or controls the rental private property and a telephone number to contact for information.
        (2) That the vehicle is considered abandoned.
        (3) That the vehicle will be removed after seventy-two (72) hours.
        (4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.
        (5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within seventy-two (72) hours.
    SECTION 3. IC 9-22-1-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) If after seventy-two (72) hours the person who owns a vehicle believed to be abandoned on rental private property that the person owns or controls, including rental property, has not removed the vehicle from the rental private property, the person who owns or controls the rental private property may have the vehicle towed from the rental private property. The towing operator shall do the following:
        (1) Contact the bureau to obtain the name and address of the person who owns the vehicle.
        (2) Deliver, by certified mail, a copy of the information contained in the notice required under section 15 of this chapter to the person who owns the vehicle. The notice required by this subdivision must be given not later than five (5) business days after the vehicle is removed.
    (b) Notwithstanding subsection (a), in an emergency situation a vehicle may be removed immediately. As used in this subsection, "emergency situation" means that the presence of the abandoned vehicle interferes physically with the conduct of normal business operations of the owner of person who owns or controls the rental private property or poses a threat to the safety or security of persons or property, or both.
    SECTION 4. [EFFECTIVE UPON PASSAGE] (a) The definitions applicable to IC 9-22-1 apply to this SECTION.


    (b) This SECTION applies to an abandoned vehicle that:
        (1) was towed by a towing service from private property before the effective date of this SECTION;
        (2) is in possession of a towing service company on the effective date of this SECTION;
        (3) could have been removed from private property under IC 9-22-1-15 and IC 9-22-1-16, both as amended by this act, if this act were in effect at the time that the towing service removed the abandoned vehicle from the private property; and
        (4) the towing service has not received payment for the towing charges accruing from removal of the vehicle from private property.
    (c) The towing service may post the notice tag required by IC 9-22-1-15, as amended by this act, on a picture of the abandoned vehicle and place the notice tag and picture in a prominent place on the private property from which the abandoned vehicle was towed for the time required by IC 9-22-1-15, as amended by this act. The name and address on the notice tag may be the name and address of the owner of the private property or the name and address of the towing service. The notice tag must state the address where the vehicle is located. Compliance with this subsection shall be treated as compliance with IC 9-22-1-15, as amended by this act.
    (d) A towing service may recover costs incidental to the removal and storage of an abandoned vehicle that accrued before the effective date of this SECTION to the same extent as if the costs were accrued after the effective date of this SECTION.

    SECTION 5. An emergency is declared for this act.