SB526 (2020) Detail

Relative to disposal of abandoned cars.


SB 526  - AS INTRODUCED

 

 

2020 SESSION

20-2924

11/03

 

SENATE BILL 526

 

AN ACT relative to disposal of abandoned cars.

 

SPONSORS: Sen. Birdsell, Dist 19; Rep. Packard, Rock. 5

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill makes certain modifications to the requirements for disposal of motor vehicles by storage companies and clarifies when certain information relative to motor vehicle owners may be shared with tow companies.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2924

11/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to disposal of abandoned cars.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Administration of Motor Vehicle Laws; Records and Certification.  Amend RSA 260:14, III to read as follows:

III.  Motor vehicle records may be made available pursuant to a court order or in response to a request from a state, a political subdivision of a state, the federal government, or a law enforcement agency for use in official business.  The request shall be on a case-by-case basis.  Any records received pursuant to this paragraph shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph.  Any records received pursuant to this paragraph shall not be used, further transferred, or otherwise made available to any other person or entity for the purpose of creating or enhancing a federal identification database.  Any records requested pursuant to this paragraph by the division of state police to provide notice to owners of towed or impounded vehicles may be shared with local law enforcement agencies and authorized representatives of tow companies, provided such records shall include information relative to lienholders and owners, including rental or leasing companies, limited liability companies, or corporations owning any interest in the towed or impounded vehicle.  The division of state police may authorize local law enforcement agencies to share such information directly with authorized representatives of tow companies.  

2  Administration of Motor Vehicle Laws; Records and Certification.  Amend RSA 260:14, V(a)(5) to read as follows:

(5)  For use with respect to a request for a named person's motor vehicle records in providing notice to the owners of towed or impounded vehicles, whether towed after accident, arrest, parking violation, or abandonment.

3  Administration of Motor Vehicle Laws; Records and Certification.  Amend the introductory paragraph of RSA 260:14, VII-a to read as follows:

VII-a.  Nothing in this section shall prohibit a law enforcement agency of a political subdivision or its employees from releasing the following reports of information or motor vehicle records, upon request of the parties identified herein, on a form prescribed by the department:

4  New Subparagraph; Administration of Motor Vehicle Laws; Records and Certification.  Amend RSA 260:14, VII-a by inserting after subparagraph (c) the following new subparagraph:

(d)  Motor vehicle records obtained to provide notice to owners of towed or impounded cars, or to authorized representatives of motor vehicle towing companies responsible for towing such cars.

5  Motor Vehicles; Abandoned Cars; Disposal by Storage Company.  Amend RSA 262:36-a to read as follows:

262:36-a  Disposal by Storage Company.

I.  If the owner of a motor vehicle removed or stored pursuant to RSA 262:33 or RSA 262:40-a does not claim the vehicle within [20] 45 days, [and the vehicle is more than 5 model years old at the time of removal,] the storage company may dispose of such vehicle after giving notice pursuant to RSA 262:38[, provided that no notice by publication shall be required].

[II.  If the vehicle is 5 model years old or less at the time of removal and the vehicle has not been claimed within 30 days, the storage company may dispose of such vehicle after giving notice pursuant to RSA 262:38.

III.] II.  If the value of the vehicle is less than [$1,000] $2,500 or the vehicle is so vandalized, damaged, or in disrepair as to be unusable as a motor vehicle and only fit for salvage as determined in good faith through the application of reasonable automotive industry standards, the storage facility may dispose of the vehicle in 15 days without the notice required by RSA 262:38 and RSA 444.  If the last place of abode of the owner of such vehicle is known to or may be ascertained by such storage facility by the exercise of reasonable diligence, the storage facility shall give notice of the time and place of the sale to the owner by verified mail as defined in RSA 21:53, or in person, at least 10 days prior to the disposal and upon written notice to the director subject to such rules as the department shall adopt pursuant to RSA 541-A.

[IV.] III.  If the towing or storage facility has knowledge or has been notified that the owner of the vehicle is hospitalized or incarcerated as a result of an accident, the time allowed for claiming the vehicle under paragraph I shall be extended for an additional 14 days or until the person has been released from the medical facility or place of incarceration, whichever occurs first.

6  Motor Vehicles; Abandoned Vehicles; Notice of Sale.  Amend RSA 262:38 to read as follows:

262:38  Notice of Sale.  Notice of sale shall be given by posting notices thereof in [2] one or more public places in the town or city where the property is stored, at least 14 days before the sale and, if the current retail value of the vehicle exceeds [$1,000] $2,500, as determined in good faith and by a credible method, by publishing the notice at least once in a newspaper of general circulation in the area, either in print or on such newspaper's Internet website.  If the last place of abode of the owner of such vehicle is known to or may be ascertained by such garage owner or keeper by the exercise of reasonable diligence, a notice of the time and place of the sale shall be given by the garage owner by registered or certified mail, or in person, at least 14 days prior to the sale.

7  Motor Vehicles; Abandoned Vehicles; Abandoning a Vehicle; Penalty.  Amend RSA 262:40-c, II to read as follows:

II.  A storage facility to which an abandoned vehicle has been towed may dispose of such vehicle after complying with the notice requirements of RSA 262:36-a or RSA 262:38, as applicable.  It shall be a rebuttable [resumption] presumption that the notice was received if it was given pursuant to the provisions of this subdivision.

8  Effective Date.  This act shall take effect 60 days after its passage.

Links

SB526 at GenCourtMobile

Action Dates

Date Body Type
Jan. 21, 2020 Senate Hearing
March 12, 2020 Senate Floor Vote
March 11, 2020 Senate Floor Vote

Bill Text Revisions

SB526 Revision: 7691 Date: Dec. 23, 2019, 5:10 p.m.

Docket


: Died on Table


June 30, 2020: Introduced and Laid on Table MA VV 06/30/2020 HJ 10 P. 5


March 11, 2020: Ought to Pass: MA, VV; OT3rdg; 03/11/2020; SJ 6


March 11, 2020: Committee Report: Ought to Pass, 03/11/2020; Vote 5-0; CC; SC 10


March 12, 2020: Committee Report: Ought to Pass, 03/12/2020; Vote 5-0; CC; SC 10


Jan. 21, 2020: Hearing: 01/21/2020, Room 103, LOB, 01:15 pm; SC 3


Jan. 8, 2020: To Be Introduced 01/08/2020 and Referred to Transportation; SJ 1