January 15, 2008
SENATE BILL No. 198
_____
DIGEST OF SB 198
(Updated January 10, 2008 4:56 pm - DI 110)
Citations Affected: IC 4-6; IC 9-13; IC 9-22; noncode.
Synopsis: Towing and storage of abandoned vehicles. Provides that
"abandoned vehicle" (vehicle) includes a motor vehicle that is: (1)
ordered to be towed or transported from a highway, street, or adjacent
area of a highway or street by a law enforcement officer or from private
property by the owner, lessee, or manager of the property; or (2) towed
or transported by a towing service in an arrangement made by a law
enforcement officer or law enforcement agency with the towing
service. Requires the attorney general 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 a 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. Requires a vehicle or parts to be released if a
properly identified person who owns or holds a lien on a vehicle pays
the amount that would be owed against the vehicle or parts under the
rates and charges for services established by the attorney general.
Effective: Upon passage; July 1, 2008.
Paul
January 8, 2008, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
January 14, 2008, amended, reported favorably _ Do Pass.
January 15, 2008
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2007 Regular Session of the General Assembly.
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 4-6-2-12; (08)SB0198.1.1. -->
SECTION 1. IC 4-6-2-12 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 12. The attorney general shall establish 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 as required under
IC 9-22-1-4.5.
SOURCE: IC 9-13-2-1; (08)SB0198.1.2. -->
SECTION 2. IC 9-13-2-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1.
(a) "Abandoned vehicle" means
the following:
(1) A vehicle located on public property illegally.
(2) A vehicle left on public property without being moved for
three (3) days.
(3) A vehicle located on public property in such a manner as to
constitute a hazard or obstruction to the movement of pedestrian
or vehicular traffic on a public right-of-way.
(4) A vehicle that has remained on private property without the
consent of the owner or person in control of that property for more
than forty-eight (48) hours.
(5) A vehicle from which the engine, transmission, or differential
has been removed or that is otherwise partially dismantled or
inoperable and left on public property.
(6) A vehicle that has been removed by a towing service or public
agency upon request of an officer enforcing a statute or an
ordinance other than this chapter if the impounded vehicle is not
claimed or redeemed by the owner or the owner's agent within
twenty (20) days after the vehicle's removal.
(7) A vehicle that is at least three (3) model years old, is
mechanically inoperable, and is left on private property
continuously in a location visible from public property for more
than twenty (20) days.
(b) The term includes a vehicle that is:
(1) ordered to be towed or transported:
(A) from a highway, a street, or an adjacent area of a
highway or street by a law enforcement officer; or
(B) from private property by the owner, lessee, or manager
of the property; or
(2) towed or transported by a towing service in an
arrangement made by a law enforcement officer or law
enforcement agency with the towing service.
SOURCE: IC 9-22-1-4; (08)SB0198.1.3. -->
SECTION 3. 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)SB0198.1.4. -->
SECTION 4. 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 attorney general 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 9-22-1-8; (08)SB0198.1.5. -->
SECTION 5. IC 9-22-1-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8. If the properly identified person
who owns or holds a lien on a vehicle appears at the site of storage
before disposal of the vehicle or parts and pays:
(1) all costs incurred against the vehicle or parts at that time; or
(2) the amount that would be owed against the vehicle or parts
under the rates and charges for services established under
section 4.5(a) of this chapter;
the vehicle or parts shall be released.
SOURCE: IC 9-22-1-19; (08)SB0198.1.6. -->
SECTION 6. 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)SB0198.1.7. -->
SECTION 7. 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)SB0198.1.8. -->
SECTION 8. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 9-22-1-4.5, as added by this act, the attorney
general 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 attorney general.
(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)SB0198.1.9. -->
SECTION 9.
An emergency is declared for this act.