ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 390
(By Senators Ball, Wooton, Hunter and Love)
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[Originating in the Committee on Transportation;
reported February 11, 1998.]
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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 allowing
towing companies that have towed an abandoned vehicle, or
licensed motor vehicle dealers who have had a vehicle
abandoned on their property, to acquire title and
registration to that vehicle from the division of motor
vehicles when the vehicle is not claimed by the owner or the
owner cannot otherwise be determined; providing that the
vehicle may then be sold at private sale or public auction
by the towing company or licensed motor vehicle dealer;
changing notification periods; and placing a monetary cap on
application of section.
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:
ARTICLE 24. DISPOSAL OF ABANDONED MOTOR VEHICLES, JUNKED MOTOR
VEHICLES, OLD VEHICLE TIRES AND ABANDONED OR
INOPERATIVE HOUSEHOLD APPLIANCES.
§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 fifteen days after taking custody and
possession thereof, notify the last known registered owner of
such the motor vehicle and all lienholders of record that such
the motor vehicle has been taken into custody and possession,
such the notification to be by registered or certified mail,
return receipt requested. The notice shall:
(1) Contain a description of such the motor vehicle,
including the year, make, model, manufacturer's serial or
identification number or any other number which may have been
assigned to such the motor vehicle by the commissioner of motor
vehicles and any distinguishing marks;
(2) Set forth the location of the facility where such the
motor vehicle is being held and the location where such the motor
vehicle was taken into custody and possession;
(3) Inform the owner and any lienholders of record of their
right to reclaim such the 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 the 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 the motor vehicle
within such the ten-day period shall be deemed a waiver by the
owner and all lienholders of record of all right, title and
interest in such the 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 certificate
of 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 the publication shall be the county
wherein such the motor vehicle was located at the time such the
enforcement agency took custody and possession thereof, and such
the 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 fifteen
days after such the 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 the notice is published
as aforesaid.
(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 the 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 fifteen days after the vehicle is taken into custody
and possession: Provided, 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.
(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 thirty days after such the
possession, notify the registered owner of such the 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 the
owner's liability for all towing, preservation and storage
charges for such the motor vehicle. Upon the issuance of such
the notice, the identified owner of the motor vehicle shall be is
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 thirty days
after possession of the motor vehicle shall relieve relieves 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 do not apply to motor
vehicles for which the registered owner thereof cannot be
ascertained by due diligence or investigation.
(e) For abandoned or junked vehicles having a retail value of one thousand dollars or less, as ascertained by values placed
upon vehicles using a standard industry reference book, a person
or entity hired by an enforcement agency to tow such an abandoned
or junked motor vehicle may, if the motor vehicle is not claimed
by the owner or a lienholder after notice within the time set
forth in subsection (d) of this section, or 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 certificate of title contains no address of
the owner, or if it is impossible to determine with reasonable
certainty the identity and address of all lienholders after
publication as set forth in subsection (b) of this section, file
an application with the division of motor vehicles for a
certificate of title and registration which, upon payment of the
appropriate fees, shall be issued. The person or entity may then
sell the motor vehicle at private sale or public auction.
(f) For abandoned or junked vehicles having a retail value
of one thousand dollars or less, as ascertained by values placed
upon vehicles using a standard industry reference book, a
licensed motor vehicle dealer, as defined in section one, article
one, chapter seventeen-a of this code may, if a motor vehicle is
abandoned on the property or place of business of the dealer and
is not claimed by the owner or a lienholder after notice within the time set forth in subsection (d) of this section, or if the
identity of the last registered owner of the abandoned motor
vehicle cannot be determined, or if the certificate of
registration or certificate of title contains no address of the
owner, or if it is impossible to determine with reasonable
certainty the identity and address of all lienholders after
publication as set forth in subsection (b) of this section, file
an application with the division of motor vehicles for a
certificate of title and registration which, upon payment of the
appropriate fees, shall be issued. The dealer may then sell the
motor vehicle at private sale or public auction.