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REFERENCE TITLE: vehicle impoundment administrative charges |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2331 |
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Introduced by Representative Harper
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AN ACT
amending section 28‑3513, Arizona Revised Statutes; relating to vehicle immobilization, impoundment and storage.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3513, Arizona Revised Statutes, is amended to read:
28-3513. Administrative charges
A. The immobilizing or impounding agency shall establish procedures for immobilization hearings or poststorage hearings, for the release of properly immobilized or impounded vehicles and for imposition of a charge for administrative costs relating to the removal, immobilization, impoundment, storage or release of a vehicle. The immobilizing or impounding agency may waive the administrative charges.
B. Except as otherwise provided in this subsection, the administrative charges established pursuant to this section shall not exceed one hundred fifty dollars and shall not be charged to a towing company that performs removal, immobilization, impoundment, storage or release of the vehicle. The administrative charges shall be three times the established amount if it is the registered owner's second or subsequent immobilization or impoundment of the same vehicle pursuant to section 28‑3511.
C. The immobilizing or impounding agency shall collect any administrative charges at the time of the release of the vehicle unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all towing, immobilization, storage and administrative charges.
D. The administrative charges established pursuant to this section are in addition to any other immobilization, impoundment or storage charges.
E. A justice court providing an immobilization or poststorage hearing may collect a fee equal to the fee established pursuant to section 22‑281 for a small claims answer.
F. If the immobilizing or impounding agency is:
1. A municipality, the administrative charges collected pursuant to this section shall be transmitted to the city treasurer for deposit in a special fund established by the municipality for the purpose of implementing section 28‑872 and this article.
2. A county, the administrative charges collected pursuant to this section shall be transmitted to the county treasurer for deposit in a special fund established by the county for the purpose of implementing section 28‑872 and this article.
3. The department of public safety, the administrative charges collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the Arizona highway patrol fund established by section 41‑1752.
4. The capitol police, the administrative charges collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the capitol police administrative towing fund established by section 41‑795.