Abandoned vehicles-2.

ORIGINAL
House
ENGROSSED
Bill No
.
HB0049

ENROLLED ACT NO. 51,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to abandoned vehicles; providing for a junk vehicle certificate of title to dispose of abandoned vehicles as specified; creating definitions; amending provisions for the disposition of an abandoned vehicle as specified; increasing the low value vehicle threshold related to abandoned vehicles; increasing allowable towing and storage expenses; amending a statutory reference to vehicle registration; and providing for an effective date.

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

Section 1
.

W.S. 31
‑
2
‑
111
is created to read:

31
‑
2
‑
111
.

Tow
ing
and recovery carrier junk vehicle certificate of title.

(
a
)

The county clerk of any one
(1)

of the counties of Wyoming may issue a
junk vehicle
certificate of title
for
a junk vehicle
,
as defined in
W.S. 31
‑
13
‑
101(
a)(
xi)

containing the following notation
conspicuously
displayed on the face of the certificate: "
junk
" if the applicant for the
junk vehicle
certificate of title is a person owning or acting on behalf of an establishment for towing and recovery services and the applicant submits an affidavit
on a fo
rm prescribed by the department
. The affidavit shall be signed and sworn before a
notarial officer
and shall contain:

(i
)

A copy of the itemized tow bill or order containing a complete descriptio
n of the vehicle, including

license plate number and state indication,
make, year,
model,
vehicle identification number
,

and
the
date, time and place of towing
and the current location of the vehicle
;

(ii)

A current statement by a Wyoming law enforcement officer made after the date the vehicle was towed that certifies the vehicle identification number on the vehicle has been inspected, the inspection occurred in Wyoming and the correct vehicle identification number is displayed on the vehicle;

(iii)

A title search report completed by the department
that discloses the name of the owner
and any lienholders of record,
if discovered through reasonable efforts
,

and a statement disclosing any security interest, lien or encumbrance outstanding against the vehicle which is known to the applicant
;

(iv)

A copy of the
written notice
issued pursuant to W.S. 31
‑
13
‑
104(g)(iii)
,

including
a copy of the receipt evidencing the
notice
was sent by certified mail
or a
copy of the written notice issued pursuant to W.S. 31
‑
13
‑
101(a)(x)(D);

(v
)

A photograph of the vehicle;
and

(v
i
)

A
statement of the fair market value of the vehicle completed by a
n

independent and disinterested
licensed Wyoming vehicle dealer
.

(
b
)

The owner, lienholder or the owner's or lienholder's insurance provider of the vehicle may reclaim the junk vehicle
from the
establishment for towing and recovery services

by paying
the
charges of towing, storage and notice
within thirty (30) days
o
f the postmarked date on
the
notice
issued pursuant to W.S. 31
‑
13
‑
104(
g)(iii)
or
within
ten (10
) days of receipt of the notice
issued pursuant to W.S. 31
‑
13
‑
101(a)(x)(D)
.

(c)

Any
junk vehicle
certificate of title issued under subsecti
on (a) of this section shall be:

(i)

Branded "junk" by the county clerk; and

(
ii
)

U
sed by the recipient only to transfer ownership of a vehicle to a storage and disposal facility licensed under W.S. 31
‑
13
‑
114.

(d)

After
a
junk vehicle
certificate of title is
issued
to a person owning or acting on behalf of an establishment for towing and recovery services
under subsection (a) of this section
, the former owner and
any lienholder or person entitled to possession of the vehicle has no further right, title, claim or interest in or to the vehicle or its contents, and all liens, encumbrances and security interests are extinguished.

Section 2
.

W.S.
31
‑
2
‑
106(a)(intro) and
by creating a new paragraph
(vi),
31
‑
13
‑
101(a) by creating new
paragraphs
(x)
through
(xiv) and by renumbering (x) as (x
v), 31
‑
13
‑
104(c),
(d)
and by creating a new subsection (g)
, 31
‑
13
‑
108(a) and (b), 31
‑
13
‑
109(a), (b)
(iii)
,
(iv)
, (d)
(ii)
, (e) and (g), 31
‑
13
‑
110
,

31
‑
13
‑
111(g)(ii)(A) th
r
ough (D)
and 31
‑
13
‑
112(d)
are amended to read:

31
‑
2
‑
106
.

Definitions.

(a)

As used in W.S. 31
‑
2
‑
106 through
31
‑
2
‑
110
31
‑
2
‑
111
:

(vi)

"Junk vehicle certificate of title" means the certificate of title issued in this state pursuant to W.S. 31
‑
2
‑
111 conspicuously branded "junk" across the front of the certificate of title.

31
‑
13
‑
101
.

Definitions.

(a)

As used in this act:

(x)

"Abandoned vehicle
" means:

(A)

Any vehicle l
eft unattended on a highway for more than twenty
‑
four (24) hours after a notice of intent to impound has been pl
aced on the vehicle

by a police officer
pursuant to this act;

(B)

Any vehicle l
eft unattended on public or private property without the oral or written consent of the owner or person in lawful possession or control of the property for more than five (5) days after a notice of intent to impound has been pla
ced on the vehicle

by a police officer
pursuant to this act
;

(C)

Any vehicle l
eft unattended or unclaimed on private property for more than thirty (30) days
without the oral or written consent of
the owner or the person in lawful possession or control of the property
or
for more than thirty (30) days
after the expiration of the oral or written consent
;

(D)

Any vehicle r
emoved or stored at the request of a police officer
and
left unattended or unclaimed for more than ten (10) days after the owner of the vehicle or his agent removes personal property from the vehicle
,
provided
the person who has custody of the vehicle informs the
owner or agent
i
n writing
,
before the personal property is released
,
that the vehicle may be deemed abandoned and disposed of pursuant to this act if the owner
or agent does not enter int
o a written agreement to pay the
charges for towing and storage
.

(
xi
)

"Junk vehicle
" means
a
wrecked, damaged, disab
led

or apparently inoperable
vehicl
e defined as abandoned under
subparagraph (x)(C) or (
D)

of this subsection

which has a fair market value
of less than two thousand

dollars ($
2
,
0
00.00);

(xii)

"Personal property" means all property within the vehicle which is not mounted, attached or affixed to the vehicle. The cargo carried on commercial vehicles is no
t considered personal property;

(x
ii
i
)

"Proper identification" means identification which would be sufficient to establish authorization to release the veh
icle;

(x
iv
)

"Towing and
recovery
service
" means
any person engaged in business and operating a wrecker, tow truck or other vehicle equipped with a mechanical apparatus designed to hoist, pull or move a vehicle that is wrecked, damaged, disabled, abandoned or otherwise creating a safety hazard
,
and which meets all requirements o
f the local authorities in the
respective jurisdiction and the requirements of the department
;

(x)
(x
v
)

"This act" means W.S. 31
‑
13
‑
101 through 31
‑
13
‑
116.

31
‑
13
‑
104
.

Abandonment on highway or property; removal;
transportable homes
; title to vehicle; notice of intent to impound
; notice of towing
.

(c)

Any police officer who has reasonable grounds to believe that a vehicle has been abandoned may remove the vehicle, or cause it to be removed, at the expense of the owner to a place of impoundment designated by the county commissioners of the county in which the vehicle is impounded. Removal of an abandoned vehicle from private property by a police officer shall be upon the written request, upon a form prescribed by the department, of the owner or person in lawful possession or control of the property. The police department having jurisdiction shall immediately send a written report of the removal by a police officer to the sheriff of the county in which the vehicle is impounded, which report shall include a description of the vehicle, the date, time and place of removal, the grounds for removal, and place of impoundment of the vehicle. The sheriff of the county in which the vehicle is impounded shall submit the report provided by the police department to the department with a determination of the retail value of the vehicle as required in this subsection. Upon receipt of a report as provided, the department shall provide written notification to the vehicle owner of record and to lienholders of record, stating the grounds for removal by a police officer and the name of the place of impoundment of the vehicle. Notice shall not be required if the retail value of an abandoned vehicle removed by a police officer is
six hundred dollars ($600.00) or
less
than two thousand dollars ($2,
0
00.00)

as determined by the sheriff of the county in which the vehicle is impounded. As to vehicles not registered in this state, the department shall make a reasonable effort to notify the owner or any lienholder of removal by a police officer and the place of impoundment of the vehicle. The department shall forward a copy of the notice to the owner or person in charge of the place of impoundment of a vehicle removed by a police officer.

As
used in this subsection, "abandoned vehicle" means as defined in W.S. 31
‑
13
‑
101(a)(x)(A) and (B).

(d)

For purposes of this section a vehicle is presumed to be abandoned if it is left unattended on a highway for more than twenty
‑
four (24) hours after a notice of intent to impound has been placed on it pursuant to subsection (f) of this section, or on any public or private property without express consent of the owner or person in lawful possession or control of the property for more than five (5) days after a notice of intent to impound has been placed on it pursuant to subsection (f) of this section. Notwithstanding any other provisions of law to the contrary, any vehicle left unattended on private property for thirty (30) days after the expiration of the consent, oral or written, of the owner or the person in lawful possession or control of the property is presumed abandoned five (5) days after a notice of intent to impound has been placed on it pursuant to subsection (f) of this section.
A transportable home impounded pursuant to this section shall be disposed of in accordance with W.S. 31
‑
13
‑
109.

(g)

Any
towing and recovery service

that tows a vehicle

which is not otherwise under the control of a

city, town or county
and is
defined as abandoned under W.S. 31
‑
13
‑
101(
a)(x)
shall:

(i)

N
otify the s
heriff of the county in which the vehicle is
located

within thirty (30) minutes
upon completion of tow
and report
a complete description of the vehicle
,
including license plate number and state indication, make, year, model, vehicle identification number,
and
the date, time and place of towing and the current location of the vehicle;
and

(ii)

Request a title search report
upon a form prescribed by the department

within three (3)
business
days after
towing the vehicle.
Upon receipt of the re
quest
,
the department shall make reasonable efforts to identify the owner and any lienholders of record. The department shall forward the information obtained to
the
towing and recovery service
within five (5
)
business
days
of receipt of the re
quest
for any vehicle registered in Wyoming or within
seven (7
)
business
days
of receipt of the request

for any vehicle
registered in another
jurisdiction
; and

(iii
)

Send
, by certified mail,
notice to the latest known addr
ess of the vehicle owner and all
lienholder
s
of record, if
identified
by the department
under paragraph
(ii) of this
sub
section
or by other means
, which shall notify the owner
and a
ll
lienholder
s
that the vehicle has been towed and may be disposed of pursuant to this act
. The notice shall be sent within three
(3)
business

days
of
identifying
of
t
he latest known addr
ess of the vehicle owner and all
lienholder
s
of record.

31
‑
13
‑
108
.

Disposition of abandoned vehicles impounded by a police officer; payment of expenses; extinguishment of liens.

(a)

As to vehicles impounded by a police officer having a retail value of
six hundred dollars ($600.00)
two thousand dollars ($2,
0
00.00)
or more after thirty (30) days have elapsed from the date notice was given as provided in W.S. 31
‑
13
‑
106, the sheriff shall sell the vehicle and its contents, if any, at public auction to the highest bidder or cause an action to be filed pursuant to W.S. 31
‑
13
‑
112(
e). Notice of the sale shall be published once in a newspaper of general circulation in the county where the vehicle is impounded not less than ten (10) days preceding
the date of the sale, giving a full description of the vehicle together with engine or serial numbers or marks, if any, and the amount of money claimed to be due thereon and the time and place of sale. All expenses incident to the removal, preservation, custody, sale and storage of the vehicle shall be paid and any proceeds shall be distributed pursuant to W.S. 31
‑
13
‑
111. After any vehicle has been sold under this section, the former owner, any lienholder or person entitled to possession of the vehicle has no further right, title, claim or interest in or to the vehicle or its contents, and all liens, encumbrances and security interests are extinguished.

(b)

As to vehicles having a retail value of less than
six hundred dollars ($600.00)
two thousand dollars ($2,
0
00.00)
and impounded by a police officer, they shall be disposed of by contract to persons licensed under
this act
W.S. 31
‑
13
‑
114

or by

public
auction.

31
‑
13
‑
109
.

Disposition of vehicles left unattended
or unclaimed
on private property and sold by the property owner or through a court action.

(a)

Any
A

vehicle

left unattended on private property without the express consent of the owner or person in lawful control of the property for at least thirty (30) consecutive days
defined
as abandoned under
W.S. 31
‑
13
‑
101(
a)(x)(C)

may be sold by the owner or person in lawful control of the property
on which the vehicle is left unattended or unclaimed

at public auction to the highest bidder or may be sold following an action filed pursuant to W.S. 31
‑
13
‑
112(e). The thirty (30) day period begins on the first day the owner or person in lawful control of the property has knowledge the vehicle is left unattended
or unclaimed

without consent

or after consent has expired
.
For purposes of a vehicle left unattended without express consent
or after consent has expired

at an establishment for the service, repair
, towing and recovery
or maintenance of the vehicle, the thirty (30) day period begins on the day following the period when pursuant to an agreement the vehicle was to remain at the establishment.

(b)

A
fter the time period provided in subsection (a) of this section has expired
,

the owner or person in lawful control of the property shall give a written report to the department on a form prescribed by the department containing the following information:

(iii)

The name and address of the owner of the property where the vehicle was left unattended

or unclaimed
;

(iv)

The
date the vehicle was left unattended
or unclaimed

without the express consent
or after the expiration of consent

of the owner or person in lawful control of the property;

(d)

The owner or person in lawful control of the property shall give a written notice of sale after the thirty (30) day time period provided in subsection (a) of this section expires but not less than ten (10) days preceding the date of sale to the sheriff of the county in which the vehicle is sold and by certified mail to the owner and any lienholder of record, if they are identified through reasonable efforts. The owner or person in lawful control of the property shall publish notice of the sale once per week for two (2) consecutive weeks in a newspaper of general circulation in the county where the vehicle is abandoned. The notice shall contain the following:

(ii)

The amount of money claimed for expenses incident to the removal, preservation, custody, storage and sale and if the vehicle is left unattended
or unclaimed

at an establishment for service, repair
, towing and recovery
or maintenance,
the cost of the services; and

(e)

All proceeds from the sale pursuant to this section may be retained by the person selling the vehicle. The owner or lienholder is entitled to recover from the person selling the vehicle any proceeds of the sale in excess of the costs of the sale and monies owed for expenses related to removal, preservation, custody, storage and sale and if left unattended
or unclaimed

at an establishment for
service, repair
, towing and recovery
or maintenance,
the cost of the services provided an action is filed in the proper court for recovery within one hundred twenty (120) days of the sale.

(g)

At any time prior to a sale under this section, the owner or lienholder of record may reclaim the vehicle upon payment of expenses incident to removal, preservation, custody, storage and sale, and if a vehicle was left unattended
or unclaimed

at an establishment for service,
repair
, towing and recovery
or maintenance,
the cost of the services. Storage expenses shall be computed at the rate of
ten dollars ($10.00)

twenty dollars ($20.00)
per day

and the total allowable expenses for removal, towing, storage and sale shall not exceed seven hundred sixty dollars ($760.00)
.

31
‑
13
‑
110
.

Certificate of sale; certificate of title.

When any vehicle is sold, the sheriff, at the time of payment of the purchase price, shall execute a certificate of sale in duplicate. The original certificate of sale
shall be delivered to the purchaser and the copy shall be retained by the sheriff. The certificate of sale shall contain the name and address of the purchaser, the date of sale,
the
consideration paid, a description of the vehicle and a stipulation that no warranty is made as to the condition or title of the vehicle. The purchaser upon presentation of the certificate of sale to the county clerk of any one (1) of the counties of Wyoming, and payment of the fees required by law shall be issued a certificate of title
and a registration card
for the vehicle.

31
‑
13
‑
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
‑
13
‑
111(
b) and administered as follows:

(ii)

The allowable expenses are:

(
A)

Removal or towing costs of
four dollars ($4.00)

six dollars ($6.00)
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)

twenty dollars ($20.00) per day for no more than thirty (30) days
;

(C)

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

sixty dollars ($60.00)
; and

(D)

A
two hundred dollar ($200.00)
seven hundred sixty dollar ($760.00)
li
mit for the total expenses associated with each abandoned vehicle.

31
‑
13
‑
112
.

Release of liability for removal and storage of, and for lost or damaged items in, abandoned vehicles; disposition of personal property within a vehicle; optional court action.

(d)

If the owner of a vehicle or his agent removes the personal property from a vehicle which is stored at the request of a police officer, the vehicle shall be deemed abandoned unless within ten (10) days from the date of removal the owner or agent enters into a written agreement to pay the full charges for towing and storage. The owner or agent shall be informed in writing of this provision by the person who has custody of the vehicle before the personal property is released.
A vehicle
deemed abandoned under this section
defined as abandoned under
W.S. 31
‑
13
‑
101(a)(x)(D)
, including vehicles left unattended or unclaimed at an
establishment
for
towing and recovery services
,

may be disposed of as are other abandoned vehicles.

Section 3
.

W.S. 31
‑
13
‑
112
(
g) is repealed.

Section 4
.

This act
is effective July 1, 2016.

(END)

Speaker of the House

Presi
dent of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1