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REFERENCE TITLE: towing companies; abandoned vehicles; fee |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1123 |
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Introduced by Senator Farnsworth
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An Act
amending sections 28-4802, 28-4804 and 28-4805, Arizona Revised Statutes; repealing section 28-4806, Arizona Revised Statutes; relating to abandoned vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-4802, Arizona Revised Statutes, is amended to read:
28-4802. Fees
A. Except as provided in subsection B of this section, the owner of record of a vehicle at the time of abandonment of the vehicle is liable to the department for the transfer of ownership or disposal in an the amount prescribed by the director by rule of $50 if the vehicle was:
1. Abandoned and junked pursuant to article 3 of this chapter on private property or public land or on or within the right-of-way of a street or highway.
2. Abandoned on private property or public land or on or within the right-of-way of a street or highway and the department issues a transfer of ownership pursuant to the procedures prescribed by this chapter.
3. Abandoned and junked pursuant to article 3 of this chapter and towed with the written permission of the state land commissioner from state trust land located within the boundaries of an incorporated city or town.
B. The owner of record of a vehicle at the time of abandonment is liable to the department for the transfer of ownership or disposal in an the amount prescribed by the director by rule of $150 if the vehicle was:
1. Abandoned and junked pursuant to article 3 of this chapter and towed with the written permission of the governing authority off of national forest, state park, bureau of land management or state trust land located outside the boundaries of an incorporated city or town.
2. Abandoned and towed with the written permission of the governing authority off of national forest, state park, bureau of land management or state trust land located outside the boundaries of an incorporated city or town and the department issues a transfer of ownership pursuant to the procedures prescribed by this chapter.
3. Abandoned outside the right-of-way of a street or highway located outside the boundaries of an incorporated city or town.
C. In addition to the registration fee or driver license fee prescribed by sections 28-2003 and 28-3002, the department shall collect the fee prescribed in subsections A and B of this section as an additional registration fee at the time the owner of the vehicle subsequently registers another vehicle in this state or as an additional driver license fee at the time the owner of the vehicle subsequently applies for or renews a driver license issued by this state. The department shall deposit, pursuant to sections 35-146 and 35-147, the additional fee collected for the transfer of ownership or disposal in the abandoned vehicle administration fund established by section 28-4804, except that ninety per cent of the fees collected pursuant to subsection A of this section and sixty per cent of the fees collected pursuant to subsection B of this section shall be deposited in the state highway fund.
D. The department:
1. Shall notify the owner of an abandoned vehicle for which ownership has been transferred or of a junk vehicle that has been disposed of about the additional fee at the time of a subsequent vehicle registration or driver license application or renewal.
2. Shall provide a complete description of the abandoned or junked vehicle, the vehicle identification number of the vehicle and the date on which the vehicle was disposed of or ownership was transferred by the department.
3. May waive the additional fee if the person provides proof satisfactory to the director that the vehicle had been transferred or assigned to another person before the day of abandonment.
4. May prescribe by rule a fee of not more than ten dollars $10 for processing an abandoned vehicle report.
Sec. 2. Section 28-4804, Arizona Revised Statutes, is amended to read:
28-4804. Abandoned vehicle administration monies; deposit
A. The abandoned vehicle administration fund is established consisting of department may receive monies collected pursuant to section 28-4802 and all other monies collected pursuant to this chapter for deposit in the state highway fund established by section 28-6991. The department shall administer the fund. Monies in the fund are continuously appropriated. The director shall deposit the monies collected in the state highway fund established by section 28-6991 except that the monies that are deposited pursuant to section 28-4805 may not be deposited in the state highway fund and shall be used to partially reimburse registered towing companies pursuant to section 28-4805.
B. In addition to the use prescribed in subsection A of this section, The department shall use monies collected pursuant to this chapter to carry out the other duties prescribed by this chapter.
Sec. 3. Section 28-4805, Arizona Revised Statutes, is amended to read:
28-4805. Towing company; partial reimbursement; registration; payment forfeiture
A. If a vehicle is abandoned pursuant to section 28-4802 on national forest, state park, bureau of land management or state trust land and a fee is collected by the department, the towing company that towed the abandoned vehicle off of the land, if still in business, is entitled to receive twenty percent of $100 from the fee collected as a partial reimbursement of the costs incurred by the towing company.
B. A towing company that is owed partial reimbursement $100 under subsection A of this section is required to register with the state's procurement office in order to qualify for payment. Failure to register with the state's procurement office will result in denial of payment and forfeiture of the payment.
C. The department shall make three good faith attempts to contact the towing company identified as having towed an abandoned vehicle pursuant to section 28-4802 in order to facilitate payment of the partial reimbursement $100 under subsection A of this section. Notwithstanding any other law and after the good faith effort required by this subsection, if the department does not receive a response from or is unable to make contact with the towing company after thirty days, the payment is subject to forfeiture and will revert to the abandoned vehicle administration department for deposit in the state highway fund established by section 28-4804 28-6991.
Sec. 4. Repeal
Section 28-4806, Arizona Revised Statutes, is repealed.