Impoundment of DUI vehicles.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0329

HOUSE BILL
NO.
HB0284

Impoundment of DUI vehicles.

Sponsored by:
Representative(s) Hallinan

A BILL

for

AN ACT relating to
driving while under the influence; providing for impoundment of a motor vehicle;
providing for costs of impoundment and procedures to recover costs;

specifying liability;
and providing for an effective date.

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

Section 1.

W.S. 31
‑
5
‑
233 by creating new subsection
s
(n)
through (z) is
amended to read:

31
‑
5
‑
233.

Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances; penalties.

(n)

If a peace officer arrests any person for a violation of this section
,
or other law prohibiting driving while under the influence, the peace officer shall seize and impound the vehicle being driven by the
arrested
person, except as provided in subsection (o) of this section.

(
o)

If a registered owner of a
vehicle
subject to impoundment under subsection (n) of this section
, other than the operator
of the vehicle
, is present at the time of arrest, the peace officer may release the vehicle to that registered owner, but only if the vehicle is legally operable and the registered owner:

(i)

Requests to remove the vehicle from the scene;

(ii)

Presents to the peace officer sufficient identification to prove ownership of the vehicle; and

(iii)

Is compliant with all restrictions on his drivers license and, in the judgment of the peace officer, can operate the vehicle without violating any law.

(p)

A vehicle

seized
under subsection (n
) of this section shall be moved to a place designated by the county commissioners of the county in which the arrest was made. The removal, preservation, custody, storage and sale of vehicles impounded under this section are the responsibility of the county in
which the vehicle is impounded
but the county shall not be liable for acts of nature or God which damage a vehicle while impounded nor shall this section extend the provisions of the Wyoming Governmental Claims Act, W.S. 1
‑
39
‑
101 through 1
‑
39
‑
121.
A county may use
a commercial towing company for
the removal, preservation, custody and storage of impounded vehicles if the
company

charges a r
easonable and fair fee
for all services provided.

(q)

Immediately after the
seizure and impoundment
of
any vehicle under subsection (n) of this section,
a report of the
seizure and impoundment
shall be sent to the
Wyoming
department of transportation. The report shall be in a form specified by the department and shall include:

(i)

The name of the operator of the vehicle
seized and impounded
;

(ii)

A description of the vehicle, including the vehicle's identification number and license pla
t
e number;

(iii)

The date, time and place where the vehicle was seized for impoundment;

(iv)

The date, time and place of impoundment;

(v)

The reason for impoundment;

(vi)

The name of any tow company or other person who has moved or possessed the vehicle; and

(vii)

The place where the vehicle is stored.

(r)

Upon receipt of the report required by subsection (q) of this section, the
Wyoming

department
of transportation
shall give notice to the registered owner of the vehicle and any lien holder
of record,
which notice shall provide:

(i)

The information required by subsection (q) of this section;

(ii)

Notice that the registered owner is responsible for payment of towing, impound and storage fees charged against the vehicle;

(iii)

Notice of the conditions that must be satisfied before the vehicle will be released;
and

(iv)

Notice of the department's intent to sell the vehicle if within
sixty (60)
days after the vehicle is seized and impounded
the owner, the lien holder or the owner's agent fails to make a claim for release of the vehicle.

(s)

If the vehicle is not registered in this state, the
Wyoming
department of transportation
shall make a reasonable effort to notify the registered owner and any lien holder of the information contained in
subsection (r) of this section.

(t)

The

Wyoming

department
of transportation
shall forward a copy of the notice required by subsection (r) of this section to the place where the vehicle is stored and

the receiver
of such notice may release the
vehicle on the date indicated in the notice.

(u)

A vehicle impounded under subsection (n) of this section shall be released thirty (30) days after the date on which the vehicle was impounded, but only after the registered owner
of the vehicle
, lien holder or the owner's agent:

(i)

Makes a claim for release of the vehicle on a form adopted for such purposes by the department;

(ii)

Presents identification sufficient to prove ownership of the impounded vehicle or status as a lien holder;

(iii)

Pays all
storage and towing fees;

(iv)

Pays to the county where the vehicle is impounded an administrative impound fee of three hundred dollars ($300.00) which shall be refunded if:

(A)

The owner provides proof that the vehicle was stolen at the time of the
violation which caused the
impoundment;

(B)

The owner provides proof that the arrest upon which the impoundment was based did not lead to any conviction for a violation of this section or other law prohibiting driving while under the influence; or

(C)

The owner is indigent and provides proof of qualification for the federal supplemental nutrition assistance program, formerly known as the federal food stamp program, in which event the fee shall be excused and not collected if proof is made at the time payment would be due.

(w
)

A vehicle not claimed within
sixty (60)
days

after the date the vehicle is first seized and impounded may be sold by the sheriff of the county in which the vehicle is impounded in accordance with W.S. 31
‑
13
‑
108. For purposes of any sale conducted under W.S. 31
‑
13
‑
108, all towing, impound and storage fees shall be con
sidered an expense of the sale.

(y
)

The registered owner who pays all fees and charges incurred in the impoundment of the owner's vehicle has a cause of action for all such fees and charges together with damages, court cos
ts and attorney fees against any

vehicle
operator whose actions caused the impoundment.

(z
)

The
Wyoming
departm
ent of transportation shall adopt
such rules and regulations as are necessary to carry out the purposes of subsections (n) through (w) of this section.

Section 2
.

This act is effective July 1, 2009.

(END)

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HB0284