Introduced Version
SENATE BILL No. 198
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-22-1.
Synopsis: Towing and storage of abandoned vehicles. Requires the
bureau of motor vehicles to adopt rules concerning rates and charges
allowed to be charged by a towing service for the cost of the services
related to the removal, storage, and disposal of an abandoned vehicle
(vehicle), and requires a towing service to post the allowable charges
on its premises. Sets certain requirements for notification by a towing
service to an owner or lienholder of a vehicle concerning the towing or
storage of the vehicle. Provides that a person who has been charged
more than the allowable charges in connection with the removal,
storage, or disposal of an abandoned vehicle may bring an action for
recovery of the excess charges.
Effective: Upon passage; July 1, 2008.
Paul
January 8, 2008, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
Introduced
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 198
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:
SOURCE: IC 9-22-1-4; (08)IN0198.1.1. -->
SECTION 1. IC 9-22-1-4, AS AMENDED BY P.L.191-2007,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: 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,
and disposal;
of the vehicle or the parts under this chapter.
Section 33(c) of this
chapter applies to costs of the services related to the removal,
storage, and disposal of an abandoned vehicle.
(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 9-22-1-4.5; (08)IN0198.1.2. -->
SECTION 2. IC 9-22-1-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 4.5. (a) The bureau shall establish, by rules adopted
under IC 4-22-2 and subject to section 4(b) of this chapter, a
schedule of uniform rates and charges allowed to be charged by a
towing service for the cost of the services related to the removal,
storage, and disposal of an abandoned vehicle.
(b) The rules adopted under this section must provide that
storage costs for an abandoned vehicle may not exceed twenty-five
dollars ($25) per day.
SOURCE: IC 9-22-1-19; (08)IN0198.1.3. -->
SECTION 3. IC 9-22-1-19, AS AMENDED BY P.L.191-2007,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 19. (a) Within seventy-two (72) hours after
removal of a vehicle to a storage yard or towing service under section
5, 13, 14, or 16 of this chapter, the public agency or towing service
shall do the following:
(1) Prepare and forward to the bureau a report containing a
description of the vehicle, including the following information
concerning the vehicle:
(A) The make.
(B) The model.
(C) The identification number.
(D) The number of the license plate.
(2) Conduct a search of national data bases, including a data base
of vehicle identification numbers, to attempt to obtain the name
and address of the person who owns or holds a lien on the vehicle.
(b) Notwithstanding section 4 of this chapter, if the public agency
or towing service 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
service:
(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) subject to subsection (c), may collect further reimbursement
under this chapter
only for additional storage costs
and any
subsequent towing costs incurred
only after notifying the bureau
of the removal of the abandoned vehicle.
(c) If the public agency or towing service obtains the name and
address of the person who owns or holds a lien on a vehicle under
subsection (a)(2), within seventy-two (72) hours after obtaining the
name and address, the public agency or towing service shall, by
certified mail, notify the person who owns or holds a lien on the vehicle
of the:
(1) name;
(2) address; and
(3) telephone number;
of the public agency or towing service. Notwithstanding section 4 of
this chapter and subsection (b)(2), a public agency or towing service
that fails to notify a person who owns or holds a lien on the vehicle as
set forth in this subsection may not collect additional storage costs and
charges for a subsequent tow incurred after the date of receipt of the
name and address obtained under subsection (a)(2).
(d) A towing service may not collect reimbursement under both
subsections (b) and (c) for storage costs and charges for a subsequent
tow incurred during a particular period for one (1) vehicle.
SOURCE: IC 9-22-1-33; (08)IN0198.1.4. -->
SECTION 4. IC 9-22-1-33 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Sec. 33. (a) This section does not apply to a city, town, or
county that:
(1) operates a towing service as a part of the authority
granted to it under IC 36-1-3-2; or
(2) has entered into a towing contract under section 31(3) of
this chapter.
(b) A towing service must post, in a place in the premises of the
towing service that is visible to the public, a schedule of the charges
allowable under rules adopted under section 4.5(a) of this chapter.
(c) A towing service may not charge more than the rates and
charges for services as allowed by rules adopted under section
4.5(a) of this chapter concerning the removal of an abandoned
vehicle to a storage yard or towing service under section 5, 13, 14,
or 16 of this chapter.
(d) A towing service is subject to section 19 of this chapter after
having removed an abandoned vehicle to a storage yard or towing
service under section 5, 13, 14, or 16 of this chapter.
(e) A person who violates subsection (b) commits a Class C
infraction.
(f) A person that has been charged more in connection with the
removal, storage, or disposal of an abandoned vehicle than is
allowed under the rates established by the rules adopted under
section 4.5 of this chapter may file an action in a court in the
county in which:
(1) the transaction occurred; or
(2) the owner or lienholder of the abandoned vehicle resides
or has a business presence;
to recover the excess charges. The court in such an action shall, in
addition to any judgment awarded to the plaintiff, allow recovery
of reasonable attorney's fees and costs of the action.
SOURCE: ; (08)IN0198.1.5. -->
SECTION 5. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 9-22-1-4.5, as added by this act, the bureau of
motor vehicles shall establish a schedule of uniform rates and
charges allowed to be charged by a towing service in connection
with the removal, storage, and disposal of an abandoned vehicle
under interim written guidelines approved by the commissioner of
the bureau of motor vehicles.
(b) The interim written guidelines establishing a schedule of
uniform rates and charges under subsection (a) expire on the
earlier of the following:
(1) The date rules are adopted under IC 9-22-1-4.5, as added
by this act.
(2) December 31, 2009.
SOURCE: ; (08)IN0198.1.6. -->
SECTION 6.
An emergency is declared for this act.