SB 1240 — vehicle storage charges

SB1240 - 542R - H-Transportation-ProposedS Ver   Fifty-fourth  Legislature                                            TransportationSenate Engrossed         State of Arizona Senate Fifty-fourth Legislature Second Regular Session                                                 Session S.B.      SENATE BILL 1240       AN ACT   amending section 28‑3512, Arizona Revised Statutes;

 relating PROPOSEDto HOUSEvehicle OFimpoundment. REPRESENTATIVES AMENDMENTS TO S.B.

1240  (Reference  to(TEXT SenateOF engrossedBILL bill)BEGINS  ON NEXT PAGE)   PageBe 1,it betweenenacted linesby 1the andLegislature 2,of insert:the State of Arizona:

"Section 1.  SectionSection 1.  Section 28-3511,28-3512, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3511.  RemovalSTART_STATUTE28-3512.  Release and immobilization or impoundment of vehicle;

Arizonacivil crimepenalties; information center database A.  A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that:

1.  Adefinition personA.  An isimmobilizing drivingor theimpounding agency shall release a vehicle whilebefore anythe end of the followingthirty-day applies:immobilization or impoundment period as follows:

(a)  Except1.  To as otherwise provided in this subdivision, the person'sregistered drivingowner, privilegeif is revoked for any reason.  A peace officer shall not cause the removal and either immobilization or impoundment of a vehicle pursuant to this subdivision if the person's privilege to drive is valida instolen thisvehicle. state.

(b)  The2.  To personthe hasregistered notowner, everif beenthe issuedvehicle ais validsubject driverto licensebailment orand permitis driven by thisan stateemployee andof thea personbusiness doesestablishment, notincluding producea evidenceparking ofservice everor havingrepair agarage, validwho driveris licensesubject orto permitsection issued28‑3511, bysubsection anotherA, jurisdiction.B or C.

This3.  To subdivisionthe doesregistered notowner, applyif tothe owner was operating the operationvehicle ofat anthe implementtime of husbandry.removal and either immobilization or impoundment and presents proof satisfactory to the immobilizing or impounding agency that the owner's driving privilege has been reinstated.

(c)  The4.  To personthe isregistered subjectowner, toif anall ignition interlock device requirement pursuant to chapter 4 of this title and the personfollowing isapply: operating a vehicle without a functioning certified ignition interlock device.  This subdivision does not apply to the operation of a vehicle due to a substantial emergency as defined in section 28‑1464.

(d)  In(a)  The furtheranceowner ofor the illegalowner's presenceagent ofwas annot alien in the Unitedperson Statesdriving and in violation of a criminal offense, the personvehicle ispursuant transporting or moving or attempting to transportsection or28‑3511, movesubsection anA. alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law.

(e)  The(b)  The personowner is concealing, harboring or shielding or attempting to conceal, harbor or shield from detection an alien in this state in a vehicle if the personowner's knowsagent oris recklessly disregards the fact that the alien has come to, entered or remains in the Unitedbusiness Statesof inrenting violationmotor ofvehicles law.without drivers.

2.  The(c)  The vehicle is displayedregistered forpursuant saleto orsection for28‑2166. transfer of ownership with a vehicle identification number that has been destroyed, removed, covered, altered or defaced.

B.  A(d)  There peacewas officer shall cause the removal and impoundment of a vehiclerental ifagreement thein peaceeffect officerat determines that a person is driving the vehicletime and if all of the followingimmobilization apply:or impoundment.

1.  The5.  Except person'sas drivingprovided privilegein isparagraph canceled7 orof revokedthis forsubsection, to the spouse of the registered owner or any reasonperson who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the spouse or person haswas not everthe beendriver issuedof athe drivervehicle licenseat orthe permittime byof thisremoval stateand either immobilization or impoundment and the spouse or person enters into an agreement with the immobilizing or impounding agency that stipulates that if the spouse or person allows a driver who does not producehave evidencea ofvalid everdriving havingprivilege or a driver licensewho commits a violation that causes the spouse's or permitperson's issuedvehicle to be removed and either immobilized or impounded pursuant to this article within one year after any agreement is signed by anotheran jurisdiction.immobilizing or impounding agency, the spouse or person will not be eligible to obtain release of the spouse's or person's vehicle before the end of the thirty‑day immobilization or impoundment period.

2.  The6.  To personthe motor vehicle dealer, if the vehicle is notowned inby compliancea withmotor vehicle dealer who has paid fees pursuant to section 28‑4302 and is driven by a customer, potential customer or employee of the financialmotor responsibilityvehicle requirementsdealer and the motor vehicle dealer has provided to the immobilizing or impounding agency indicia of chapterthe 9,motor articlevehicle 4dealer's ownership of thisthe title.vehicle, including a certificate of title or a manufacturer-issued certificate or statement of origin.

3.  The7.  To any person who is drivingidentified aas an owner of the vehicle thaton isthe involvedrecords inof anthe accidentdepartment thatat resultsthe intime eitherof propertyremoval damageand either immobilization or injuryimpoundment, toif the vehicle is a commercial motor vehicle, a street sweeper or deathheavy equipment as defined in section 28‑854 and the person was not the driver of anotherthe person.vehicle at the time of removal and either immobilization or impoundment.

C.  ExceptB.  A asvehicle providedshall innot subsectionbe Dreleased ofpursuant thisto section,subsection whileA a peace officer has control of thethis vehiclesection theexcept peacepursuant officerto shallan cause the removal and either immobilization or impoundmenta ofpoststorage thehearing vehicleunder ifsection the28‑3514 peaceor officerif hasall probable cause to arrest the driver of the vehiclefollowing forare apresented violationto ofthe sectionimmobilizing 4‑244, paragraph 34 or sectionimpounding 28‑1382agency: or 28‑1383.

D.  A1.  The peaceowner's officeror shallowner's notspouse's causecurrently thevalid removaldriver andlicense eitherissued theby immobilizationthis state or impoundmentthe ofowner's aor vehicleowner's pursuantspouse's tostate subsection C of thisdomicile. section if all of the following apply:

1.  The2.  Proof peaceof officercurrent determines that the vehicle isregistration currentlyor registereda andvalid thatsalvage the driver or thedismantle vehiclecertificate is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

2.  The3.  Proof spousethat of the drivervehicle is in compliance with the driverfinancial atresponsibility therequirements timeof chapter 9, article 4 of thethis arrest.title.

3.  The4.  If peacethe officerperson hasis reasonablerequired groundsby the department to believeinstall thata certified ignition interlock device on the spousevehicle, proof of installation of a functioning certified ignition interlock device in the driver:vehicle.  The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device.  The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device.

(a)  HasC.  The aowner validor driverthe license.owner's spouse if the vehicle is released to the owner's spouse is responsible for paying all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28‑3513, unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency.  If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges.

(b)  IsD.  Before notthe impairedend byof intoxicatingthe liquor,thirty-day anyimmobilization drug,or aimpoundment vaporperiod, releasingthe substanceimmobilizing containingor impounding agency shall release a toxicvehicle substanceto ora anyperson, combinationother ofthan liquor,the drugsowner, identified on the department's record as having an interest in the vehicle immediately before the immobilization or vaporimpoundment releasingif substances.all of the following conditions are met:

(c)  Does1.  The notperson have any spirituous liquor in the spouse's body if the spouse is undereither twenty‑one years of age.the following:

4.  The(a)  In spouse notifies the peacebusiness officerof thatrenting themotor spousevehicles willwithout drivedrivers and the vehicle fromis theregistered placepursuant of arrest to thesection driver's28‑2166. home or other place of safety.

5.  The(b)  A spousemotor drivesvehicle thedealer, vehiclebank, ascredit prescribedunion byor paragraphacceptance 4corporation ofor any other licensed financial institution legally operating in this subsection.state or is another person who is not the owner and who holds a security interest in the vehicle immediately before the immobilization or impoundment.

E.  Except2.  The asperson otherwisepays providedall inimmobilization, thistowing article,and astorage vehiclecharges thatrelated isto removedthe immobilization or impoundment of the vehicle and eitherany immobilizedadministrative orcharges impoundedestablished pursuant to subsectionsection A,28‑3513 Bunless orthe Cvehicle ofis thisstolen sectionand shallthe betheft immobilizedwas orreported impoundedto forthe thirtyappropriate days.  Anlaw insuranceenforcement companyagency.  doesIf notthe havevehicle ais dutystolen and the theft was reported to paythe anyappropriate benefitslaw forenforcement chargesagency, orthe feesoperator forof the vehicle at the time of immobilization or impoundment.impoundment is responsible for all immobilization, towing, storage and administrative charges.

F.  The3.  The ownerperson ofpresents aforeclosure vehicledocuments that is removed and either immobilized or impoundedan pursuantaffidavit to subsection A, B or C of thisrepossession section, the spouse of the ownervehicle. and each person who has provided the department with indicia of ownership as prescribed in section 28‑3514 or other interest in the vehicle that exists immediately before the immobilization or impoundment shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28‑3514.

G.  A4.  The lawperson enforcementrequesting agencyrelease thatof employs the peace officer who removes and either immobilizes or impounds a vehicle pursuantwas tonot this section shall enter information about the removalperson anddriving either immobilization or impoundment of the vehicle inat the Arizonatime crimeof information center database within three business days after the removal and either immobilization or impoundment."impoundment. END_STATUTE Renumber to conform Page 1, line 6, strike "before the end of the thirty‑day immobilization or impoundment period" Line 8, after the second "the" strike remainder of line Strike lines through 24, insert "owner or the owner's agent complies with the requirements of subsection B of this section." Renumber to conform Line 25, strike "Except as provided in paragraph 7 of this subsection," Line 28, after "impoundment" strike remainder of line insert a period Strike lines through 38 Page 2, strike lines 1 through 6 Lines 37 and 38, strike "Before the end of the thirty‑day immobilization or impoundment period," Page 3, strike lines 37 through 45 Page 4, strike lines 1 through 11 Reletter to conform Line 15, strike "$20" insert "$25" Line 16, after the first "storage" strike remainder of line Line 17, strike "the end of the thirty-day impoundment period" Strike lines through 29 After line 35, insert:

"Sec. 3.  SectionE.  Before 28-3514,a Arizonaperson Reviseddescribed Statutes,in issubsection amendedD of this section releases the vehicle to read:the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the person described in subsection D of this section shall require the owner to present and shall retain for a period of at least three years from the date of releasing the vehicle a copy of all of the following:

START_STATUTE28-3514.  Hearings;1.  A driver license issued by this state or the owner's or owner's agent's state of domicile.

notice2.  A ofcurrent immobilizationvehicle registration or storage;a valid salvage or dismantle certificate of title.

definition3.  Evidence A.  Ifthat athe peace officer removes and either immobilizes or impounds a vehicle pursuantis to section 28‑3511, the immobilizing or impounding agency may provide the owner, the spouse of the owner and any other person providing indicia of ownership or other interest in thecompliance vehicle immediately before the immobilization or impoundment with the opportunityfinancial forresponsibility anrequirements immobilization or poststorage hearing to determine the validity of thechapter immobilization9, orarticle storage4 or consider any mitigating circumstances relating to the immobilization or storage or release of thethis vehicletitle. before the end of the thirty day immobilization or impoundment period.  If the immobilizing or impounding agency provides the opportunity for an immobilization or poststorage hearing, the immobilizing or impounding agency shall conduct the hearing in accordance with any of the following:

1.  InF.  The person described in subsection D of this section may require the immobilizingowner to pay charges that the person incurred in connection with obtaining custody of the vehicle, including all immobilization, towing and storage charges that are related to the immobilization or impoundingimpoundment agency'sof jurisdiction.the vehicle and any administrative charges that are established pursuant to section 28‑3513.

2.  Telephonically.G.  A vehicle shall not be released after the end of the thirty‑day immobilization or impoundment period unless the owner or owner's agent presents all of the following to the impounding or immobilizing agency:

3.  Pursuant1.  A tovalid proceduresdriver prescribedlicense issued by thethis immobilizingstate or impoundingby agency to transfer the authorityowner's to conduct the immobilization or poststorageowner's hearingagent's tostate a law enforcement agency in the jurisdiction in which the owner, the spouse of thedomicile. owner, the owner's agent or any person identified in the department's record as having an interest in the vehicle immediately before the immobilization or impoundment resides.

B.  If2.  A thecurrent immobilizingvehicle orregistration impounding agency does not provide an opportunity for an immobilization or poststorage hearing, a justicevalid courtsalvage shall conduct the immobilization or poststoragedismantle hearing.  Ifcertificate anof immobilizationtitle. or poststorage hearing is conducted by a justice court, the immobilizing or impounding agency shall appear and show evidence.

Immobilization3.  Evidence orthat poststoragethe hearingsvehicle conductedis byin acompliance justicewith courtthe shallfinancial beresponsibility consideredrequirements asof civilchapter filings9, forarticle the4 purposes of judicialthis productivitytitle. credits.