SB 77-1_ Filed 03/22/2005, 16:31
Adopted 3/22/2005


Text Box

Adopted Rejected


[

]



COMMITTEE REPORT

            
                                                        YES:

11

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Judiciary     , to which was referred       Senate Bill 77     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (05)CR007701.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 9-13-2-174.5; (05)CR007701.1. -->     "SECTION 1. IC 9-13-2-174.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 174.5. "Storage yard" for purposes of IC 9-22-1, has the meaning set forth in IC 9-22-1-3.5.
SOURCE: IC 9-22-1-3.5; (05)CR007701.2. -->     SECTION 2. IC 9-22-1-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.5. As used in this chapter, "storage yard" means a storage facility or a towing service used for the removal and storage of abandoned vehicles or parts.
SOURCE: IC 9-22-1-13; (05)CR007701.3. -->     SECTION 3. IC 9-22-1-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) If in the opinion of the officer the market value of an abandoned vehicle or parts determined under in accordance with section 12 of this chapter is less than:
        (1) one five hundred dollars ($100); ($500); or
        (2) in a municipality that has adopted an ordinance under subsection (b), the amount established by the ordinance;
the officer shall immediately dispose of the vehicle to an automobile scrapyard. a towing service. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the bureau. The towing service may dispose of the abandoned vehicle not less than thirty (30) days after the date on which the towing service removed the abandoned vehicle. The public agency disposing of the vehicle shall retain the original records and photographs for at least two (2) years.
    (b) The legislative body of a municipality (as defined in IC 36-1-2-11) may adopt an ordinance that establishes the market value below which an officer may dispose of a vehicle or parts under subsection (a). However, the market value established by the ordinance may not be more than five seven hundred fifty dollars ($500). ($750).
SOURCE: IC 9-22-1-14; (05)CR007701.4. -->     SECTION 4. IC 9-22-1-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) If in the opinion of the officer the market value of the abandoned vehicle or parts determined under in accordance with section 12 of this chapter is at least:
        (1) one five hundred dollars ($100); ($500); or
        (2) in a municipality that has adopted an ordinance under section 13(b) of this chapter, the amount established by the ordinance;
the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts.
     (b) After seventy-two (72) hours, the officer shall require the vehicle or parts to be towed to a storage area. yard or towing service.
SOURCE: IC 9-22-1-16; (05)CR007701.5. -->     SECTION 5. 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 private property that the person owns or controls, including rental property, has not removed the vehicle from the private property, the person who owns or controls the private property may have the vehicle towed from the 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, Send, 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 mailed to the person who owns the vehicle according to the records of the bureau not later than five (5) business days after the vehicle is removed. receipt of the information in subdivision (1) from the bureau.
    (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 person who owns or controls the private property or poses a threat to the safety or security of persons or property, or both.

SOURCE: IC 9-22-1-19; (05)CR007701.6. -->     SECTION 6. IC 9-22-1-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 19. (a) Within seventy-two (72) hours after removal of an abandoned vehicle to a storage area yard or towing service under section 13, 14, or 16 of this chapter, the public agency or towing operator shall prepare and forward to the bureau an abandoned vehicle report containing a description of the vehicle, including the following information concerning the vehicle:
        (1) The make.
        (2) The model.
        (3) The identification number.
        (4) The number of the license plate.
    (b) The public agency or towing operator shall request that the bureau advise the public agency or towing operator of the name and most recent address of the person who owns or holds a lien on the vehicle.
    (c) Notwithstanding section 4 of this chapter, if the public agency or towing operator fails to notify the bureau of the removal of an abandoned vehicle within seventy-two (72) hours after the vehicle is removed as required by subsection (a), the public agency or towing operator:
        (1) may not initially collect more in reimbursement for the costs of storing the vehicle than the cost incurred for storage for seventy-two (72) hours; and
        (2) may collect further reimbursement under this chapter only for

additional storage costs incurred after notifying the bureau of the removal of the abandoned vehicle.

SOURCE: IC 9-22-1-32; (05)CR007701.7. -->     SECTION 7. IC 9-22-1-32 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 32. The following are not liable for loss or damage to a vehicle or parts occurring during the removal, storage, or disposition of a vehicle or parts under this chapter:
        (1) A person who owns, leases, or occupies property from which an abandoned vehicle or parts are removed.
        (2) A public agency.
        (3) A towing service.
        (4) An automobile scrapyard.
         (5) A storage yard.".
SOURCE: Page 4, line 28; (05)CR007701.4. -->     Page 4, after line 28, begin a new paragraph and insert:
SOURCE: ; (05)CR007701.11. -->     "SECTION 11. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 77 as printed January 21, 2005.)

and when so amended that said bill do pass.

__________________________________

Representative Foley


CR007701/DI 107    2005