Abandoned vehicles.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0164

SENATE FILE
NO.
SF0037

Abandoned vehicles.

Sponsored by:
Senator(s) Cooper and Representative(s) Davison

A BILL

for

AN ACT relating to abandoned vehicles; providing that a liability policy issued to a vehicle owner or operator shall include insurance for the cost of the vehicle's remediation and recovery as specified; providing an increase in the allowable expenses payable for a vehicle abandoned on public property; providing for the suspension of a driver's license for
failure
to pay the costs and penalties associated with the remediation and recovery of a vehicle abandoned on public property
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

S
ection 1.

W.S. 31
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7
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128 by creating
a new
subsection (o),
31
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9
‑
102(a)(xi),
31
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9
‑
405(b)(ii) and 31
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13
‑
111(g)
(ii)(A) through (D) and by creating a new paragraph (iv)
are amended to read:

3
1
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7
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128.

Mandatory suspension of license or nonresident operating privilege for certain violations; suspension of registration.

(o)

The division shall suspend the license or nonresident operating privilege of any driver upon receiving a record of the driver's conviction under W.S. 31
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13
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116 and upon a finding by the sentencing court that the driver has failed to pay the charges for towing, storage, notice, all other costs of impoundment, and any penalties imposed by the law of this state associated with the recovery, storage, sale and remediation of the abandoned vehicle. A driver's license suspended under this subsection shall remain suspended until the division receives notice from the county treasurer for the county in which the vehicle was abandoned that the driver has paid all charges, costs and penalties associated with the recovery and remediation of the abandoned vehicle or one (1) year, whichever first
occurs
.

31
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9
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102.

Definitions.

(a)

As used in this act:

(xi)

"Proof of financial responsibility" means evidence of ability to respond in damages for liability, resulting from accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident, and subject to the limit for one (1) person, in the amount of fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident,
and
in the amount of twenty thousand dollars ($20,000.00) because of injury to or destruction of property of
others
and one thousand five hundred dollars ($1,500.00), or fifteen thousand dollars ($15,000.00) if the motor vehicle is a commercial vehicle as defined by W.S. 31
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18
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101(a)(iii), because of costs associated with the remediation and recovery of a covered vehicle

in any one (1) accident;

31
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9
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405.

"Liability policy" defined; required coverage; additional clauses.

(b)

An owner's policy of liability insurance shall:

(ii)

Insure the person named and, except for persons specifically excluded pursuant to W.S. 26
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35
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105, any other person, as insured, using any covered motor vehicle with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicle within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs with respect to each motor vehicle, as follows: twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident
,

and

twenty thousand dollars ($20,000.00) because of injury to or destruction of property of others
and one thousand five hundred dollars ($1,500.00), or fifteen thousand dollars ($15,000.00) if the motor vehicle is a commercial vehicle as defined by W.S. 31
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18
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101(a)(iii), because of costs associated with the remediation and recovery of a covered vehicle

in any one (1) accident.

31
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13
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111.

Transmission of return of sale and sale proceeds to county treasurer; payment of expenses and taxes; county abandoned vehicle account; duplicate receipts for proceeds; action for recovery of proceeds.

(g)

If the vehicle was abandoned on a highway or other public property, the allowable expenses shall be paid from the county abandoned vehicle account provided for by W.S. 31
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13
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111(b) and administered as follows:

(ii)

The allowable expenses are:

(A)

Removal or towing costs of
four dollars ($4.00)

five dollars
and
fifty cents ($5.50)
for every mile the vehicle is towed or
sixty dollars ($60.00)

one hundred dollars ($100.00)
whichever is greater;

(B)

Storage charges with a maximum amount allowed of
thirty dollars ($30.00)

sixty dollars ($60.00)
;

(C)

Sale and title costs not to exceed
thirty dollars ($30.00)

eighty dollars ($80.00)
; and

(D)

A
two hundred dollar ($200.00)

five hundred dollar ($500.00)
limit for the total expenses associated with each abandoned vehicle.

(iv)

The county shall make reasonable efforts to collect insurance proceeds for the recovery and remediation of any abandoned vehicle which is covered by a liability insurance policy as provided by W.S. 31
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9
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405(b). Insurance proceeds collected under this paragraph shall be deposited in the county abandoned vehicle account provided for by W.S. 31
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111(b) and shall be expended for allowable expenses under this subsection.

Section 2.

This act is effective July 1, 2008.

(END)

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SF0037