COMMITTEE SUBSTITUTE

FOR

H. B. 2230
(By Delegates Williams, Carper, Phillips, H. White,

Rutledge and Harrison


(Originating in the House Committee on Roads and Transportation)

[March 10, 1993]


A BILL to amend and reenact section eight, article twenty-four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to notification of the towing, preservation and storage of an abandoned or junked motor vehicle to the owner or lienholder of such motor vehicle; charges and fees; and exemptions.
Be it enacted by the Legislature of West Virginia:

That section eight, article twenty-four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§17-24-8. Abandoned or junked motor vehicles; notification to motor vehicle owner and lienholder; charges and fees; exceptions.

(a) The enforcement agency which takes into custody and possession an abandoned motor vehicle or junked motor vehicle shall, within seven days after taking custody and possession thereof, notify the last known registered owner of such motorvehicle and all lienholders of record that such motor vehicle has been taken into custody and possession, such notification to be by registered or certified mail, return receipt requested. The notice shall:
(1) Contain a description of such motor vehicle, including the year, make, model, manufacturer's serial or identification number or any other number which may have been assigned to such motor vehicle by the commissioner of motor vehicles and any distinguishing marks;
(2) Set forth the location of the facility where such motor vehicle is being held and the location where such motor vehicle was taken into custody and possession;
(3) Inform the owner and any lienholders of record of their right to reclaim such motor vehicle within ten days after the date notice was received by the owner or lienholders, upon payment of all towing, preservation and storage charges resulting from taking and placing such motor vehicle into custody and possession; and
(4) State that the failure of the owner or lienholders of record to exercise their right to reclaim such motor vehicle within such ten-day period shall be deemed a waiver by the owner and all lienholders of record of all right, title and interest in such motor vehicle and of their consent to the sale or disposal of the abandoned motor vehicle or junked motor vehicle at a public auction or to a licensed salvage yard or demolisher.
(b) If the identity of the last registered owner of the abandoned motor vehicle or junked motor vehicle cannot be determined, or if the certificate of registration or certificateof title contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county wherein such motor vehicle was located at the time such enforcement agency took custody and possession thereof, and such notice shall be sufficient to meet all requirements of notice pursuant to this article. Any notice by publication may contain multiple listings of abandoned motor vehicles and junked motor vehicles. The notice shall be published within seven days after such motor vehicle is taken into custody and possession and shall have the same contents required for a notice pursuant to subsection (a) of this section, except that the ten-day period shall run from the date such notice is published as aforesaid.
(c) The consequences and effect of failure to reclaim an abandoned motor vehicle or junked motor vehicle within the ten- day period after notice is received by registered or certified mail or within ten days after the notice is published in a newspaper as aforesaid shall be set forth in such notice.
(c) An enforcement agency which hires any person or entity to take into custody and possession an abandoned or junked motor vehicle pursuant to this section shall notify such person or entity of the name and address of the registered owner of the motor vehicle, if known, and all lienholders of record, if any, within seven days after the vehicle is taken into custody and possession: Provided, That the requirements of this subsectionshall not apply to motor vehicles for which the registered owner thereof cannot be ascertained by due diligence or investigation.
(d) The person or entity hired by an enforcement agency to take into custody or possession an abandoned or junked motor vehicle shall, within fifteen days after such possession, notify the registered owner of such vehicle and all lienholders of record, if any, as identified by the enforcement agency pursuant to subsection (c) herein, by registered mail, return receipt requested, of the location of the facility where the motor vehicle is being stored and of such owner's liability for all towing, preservation and storage charges for such motor vehicle. Upon the issuance of such notice, the identified owner of the motor vehicle shall be liable and responsible for all costs for towing, preservation and storage of the motor vehicle: Provided, That failure to issue the notice required by this subsection within fifteen days after possession of the motor vehicle shall relieve the identified owner of the motor vehicle of any liability for charges for towing, preservation and storage in excess of the sum of the first five days of such charges: Provided, however, That the requirements of this subsection shall not apply to motor vehicles for which the registered owner thereof cannot be ascertained by due diligence or investigation.