SB 272-1_ Filed 02/21/2001, 14:31
The Senate Committee on Judiciary, to which was referred Senate Bill No. 272, has had the same under
consideration and begs leave to report the same back to the Senate with the recommendation that said bill
be AMENDED as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 9-22-1-1; (01)AM027202.1. -->
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
(5) A vehicle registered and licensed under
SOURCE: IC 9-22-1-15; (01)AM027202.2. -->
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
(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
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
(5) That the person who owns the vehicle may avoid costs by
removal of the vehicle or parts within seventy-two (72) hours.
SOURCE: IC 9-22-1-16; (01)AM027202.3. -->
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
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.
SOURCE: ; (01)AM027202.4. -->
SECTION 4. [EFFECTIVE UPON PASSAGE] (a) The definitions
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
, 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;
(4) the towing service has not received payment for the towing
charges accruing from removal of the vehicle from private
(c) The towing service may post the notice tag required by
, 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
, 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
, 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.
SOURCE: ; (01)AM027202.5. -->
SECTION 5. An emergency is declared for this act.
(Reference is to SB 272 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 8, Nays 0.
Senator Bray, Chairperson
AM 027202/DI 51 2001