January 25, 2006
SENATE BILL No. 331
DIGEST OF SB 331
(Updated January 24, 2006 2:46 pm - DI 96)
Citations Affected: IC 9-22.
Synopsis: Abandoned vehicles. Requires that if: (1) an abandoned
vehicle (vehicle) is sold by a person who removed, towed, or stored the
vehicle; and (2) proceeds from the sale of the vehicle covered the
removal, towing, and storage expenses (as opposed to just storage
expenses under current law); the remaining proceeds from the sale of
the vehicle must be returned to the previous owner of the vehicle if the
previous owner is known. Provides that a municipal corporation that
operates a storage yard may dispose of a vehicle to an automobile: (1)
scrapyard; or (2) salvage recycler; upon removal of the vehicle.
Amends the estimated value of a vehicle to under $1,000 when a public
officer may immediately dispose of the vehicle to a storage yard.
(Current law provides that a public officer may immediately dispose of
a vehicle when the estimated value of the vehicle is less than $500.)
Effective: July 1, 2006.
Broden, Young R Michael
January 10, 2006, read first time and referred to Committee on Governmental Affairs and
January 19, 2006, reported favorably _ Do Pass.
January 24, 2006, read second time, amended, ordered engrossed.
January 25, 2006
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2005 Regular Session of the General Assembly.
SENATE BILL No. 331
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-22-1-4; (06)SB0331.2.1. -->
SECTION 1. IC 9-22-1-4, AS AMENDED BY P.L.104-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 4. (a) Except as provided in subsection (c), the
person who owns an abandoned vehicle or parts is:
(1) responsible for the abandonment; and
(2) liable for all of the costs incidental to the removal, storage,
of the vehicle or the parts under this chapter.
(b) The costs for storage of an abandoned vehicle may not exceed
one thousand five hundred dollars ($1,500).
(c) If an abandoned vehicle is sold by a person who removed, towed,
or stored the vehicle, the person who previously owned the vehicle is
not responsible for storage fees.
(d) If an abandoned vehicle is sold by a person who removed,
towed, or stored the vehicle, and proceeds from the sale of the vehicle
covered the removal, towing, and
storage expenses, any remaining
proceeds from the sale of the vehicle shall be returned to the previous
owner of the vehicle if the previous owner is known.
SOURCE: IC 9-22-1-13; (06)SB0331.2.2. -->
SECTION 2. IC 9-22-1-13, AS AMENDED BY P.L.104-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 13. (a) If in the opinion of the officer the market
value of an abandoned vehicle or parts determined in accordance with
section 12 of this chapter is less than:
five hundred dollars ($500) one thousand dollars ($1000); 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 a
storage yard. A copy of the abandoned vehicle report and photographs
relating to the abandoned vehicle shall be forwarded to the bureau. The
A 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. A municipal corporation (as defined in
IC 36-1-2-10) that operates a storage yard as authorized under
IC 36-9-30-3 may dispose of the abandoned vehicle to an
automobile scrapyard or an automotive salvage recycler upon
removal of 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 seven hundred fifty dollars ($750).