Connecticut 2024 Regular Session

Connecticut House Bill HB05413 Latest Draft

Bill / Comm Sub Version Filed 04/11/2024

                             
 
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General Assembly  Substitute Bill No. 5413  
February Session, 2024 
 
 
 
 
 
AN ACT CONCERNING THE ILLEGAL USE OF CERTAIN VEHICLES 
AND STREET TAKEOVERS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 14-390 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2024): 2 
(a) Any municipality may, by ordinance, regulate the operation and 3 
use, including hours and zones of use, of snowmobiles and all-terrain 4 
vehicles in a manner not inconsistent with the provisions of this section 5 
and sections 14-379 to 14-389, inclusive, or any regulations adopted 6 
pursuant thereto, and may (1) prescribe a penalty for violation of such 7 
ordinance in an amount not to exceed one thousand dollars for a first 8 
violation, in an amount not to exceed one thousand five hundred dollars 9 
for a second violation, and in an amount not to exceed two thousand 10 
dollars for a third or subsequent violation, and (2) provide for the 11 
seizure and forfeiture to the municipality of such all-terrain vehicle for 12 
a violation of such ordinance, subject to any bona fide lien, lease or 13 
security interest in the all-terrain vehicle, including, but not limited to, 14 
a lien under section 14-66c. 15 
(b) No all-terrain vehicle shall be forfeited under an ordinance 16 
adopted pursuant to this section to the extent of the interest of an owner 17 
or lienholder by reason of any act or omission committed by another 18  Substitute Bill No. 5413 
 
 
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person if such owner or lienholder did not know and could not have 19 
reasonably known that such all-terrain vehicle was being used or was 20 
intended to be used in violation of a municipal ordinance, and such 21 
owner or lienholder collects such all-terrain vehicle not later than thirty 22 
days after the date the municipality mails such owner or lienholder a 23 
written notice indicating that such all-terrain vehicle shall be forfeited if 24 
not collected within such thirty-day period. 25 
(c) Any all-terrain vehicle ordered forfeited pursuant to such an 26 
ordinance shall be sold at public auction conducted by the municipality 27 
or destroyed by the municipality. The proceeds of any such sale shall be 28 
paid to the treasurer of the municipality, who shall deposit such 29 
proceeds into the general fund of the municipality. 30 
Sec. 2. Section 14-390m of the general statutes is repealed and the 31 
following is substituted in lieu thereof (Effective from passage): 32 
(a) Any municipality that adopts an ordinance pursuant to section 7-33 
148 to regulate the operation and use on public property, including 34 
hours of use, of dirt bikes or mini-motorcycles may prescribe a penalty 35 
for violation of such ordinance (1) in an amount not to exceed one 36 
thousand dollars for a first violation, in an amount not to exceed one 37 
thousand five hundred dollars for a second violation and in an amount 38 
not to exceed two thousand dollars for a third or subsequent violation, 39 
and (2) in the case of a municipality with a population of twenty 40 
thousand or more, to provide for the seizure and forfeiture to the 41 
municipality of such dirt bike or mini-motorcycle for violation of such 42 
ordinance, subject to any bona fide lien, lease or security interest in the 43 
dirt bike or mini-motorcycle, including, but not limited to, a lien under 44 
section 14-66c. 45 
(b) No dirt bike or mini-motorcycle shall be forfeited under an 46 
ordinance adopted pursuant to this section to the extent of the interest 47 
of an owner or lienholder by reason of any act or omission committed 48 
by another person if such owner or lienholder did not know and could 49 
not have reasonably known that such dirt bike or mini-motorcycle was 50  Substitute Bill No. 5413 
 
 
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being used or was intended to be used in violation of a municipal 51 
ordinance, and such owner or lienholder collects such dirt bike or mini-52 
motorcycle not later than thirty days after the date the municipality 53 
mails such owner or lienholder a written notice indicating that such dirt 54 
bike or mini-motorcycle shall be forfeited if not collected within such 55 
thirty-day period. 56 
(c) Any dirt bike or mini-motorcycle ordered forfeited pursuant to 57 
such an ordinance shall be sold at public auction conducted by the 58 
municipality or destroyed by the municipality. The proceeds of any 59 
such sale shall be paid to the treasurer of the municipality, who shall 60 
deposit such proceeds into the general fund of the municipality. 61 
(d) For the purposes of this section and section 7-148, (1) "dirt bike" 62 
means a two-wheeled motorized recreational vehicle designed to travel 63 
over unimproved terrain and not designed for travel on a highway, as 64 
defined in section 14-1. "Dirt bike" does not include an all-terrain 65 
vehicle, as defined in section 14-379, or a motor-driven cycle, as defined 66 
in section 14-1, and (2) "mini-motorcycle" has the same meaning as 67 
provided in section 14-289j. 68 
Sec. 3. (NEW) (Effective October 1, 2024) (a) For purposes of this 69 
section, "street takeover" has the same meaning as provided in section 70 
14-224 of the general statutes. 71 
(b) Any municipality may, by ordinance, prohibit a person from 72 
organizing, participating in or gathering with intent to observe and 73 
actually observing a street takeover. Such ordinance may (1) prescribe a 74 
penalty for violation of such ordinance in an amount not to exceed one 75 
thousand dollars for a first violation, in an amount not to exceed one 76 
thousand five hundred dollars for a second violation and in an amount 77 
not to exceed two thousand dollars for a third or subsequent violation, 78 
and (2) provide for the impoundment of any vehicle used in violation of 79 
this section until any fine imposed pursuant to subdivision (1) of this 80 
subsection is paid, any related charges, including, but not limited to, 81 
towing fees, are paid and any overdue property taxes on such vehicle 82  Substitute Bill No. 5413 
 
 
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imposed pursuant to chapter 203 of the general statutes are paid. Any 83 
ordinance adopted pursuant to this section shall be consistent with the 84 
provisions of sections 14-379 to 14-390m, inclusive, of the general 85 
statutes, as amended by this act, or any regulations adopted pursuant to 86 
said sections. 87 
Sec. 4. Subsection (b) of section 14-111 of the 2024 supplement to the 88 
general statutes is repealed and the following is substituted in lieu 89 
thereof (Effective October 1, 2024): 90 
(b) (1) Except as provided in subdivision (2) or (3) of this subsection, 91 
whenever the holder of any motor vehicle operator's license has been 92 
convicted or has forfeited any bond taken or has received a suspended 93 
judgment or sentence for any of the following violations, the 94 
commissioner shall, without hearing, suspend such person's operator's 95 
license or privilege to operate a motor vehicle in this state as follows: 96 
For a first violation of subsection (a) or subdivision (1) of subsection (b) 97 
of section 14-224 or section 14-110, 14-215 or 53a-119b, for a period of 98 
not less than one year and, for a subsequent violation thereof, for a 99 
period of not less than two years; for a violation of subsection (a) of 100 
section 14-222, [or subsection (c) of section 14-224,] for a period of not 101 
less than thirty days or more than ninety days and, for a subsequent 102 
violation thereof, for a period of not less than ninety days; for a violation 103 
of subdivision (2) or (3) of subsection (b) of section 14-224, for a period 104 
of not less than ninety days and for a subsequent violation thereof, for a 105 
period of not less than one year; for a violation of subsection (c) of 106 
section 14-224, for a period of forty-five days, provided the 107 
commissioner shall permanently revoke such person's operator's license 108 
or privilege for a third violation thereof; for a first violation of subsection 109 
(b), (d) or (e) of section 14-147, for a period of not less than ninety days 110 
and, for a subsequent violation thereof, for a period of not less than five 111 
years; for a first violation of subsection (c) of section 14-147, for a period 112 
of not less than thirty days and, for a subsequent violation thereof, for a 113 
period of not less than one year. 114 
(2) Notwithstanding the provisions of section 14-111b and except as 115  Substitute Bill No. 5413 
 
 
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provided in subdivision (3) of this subsection, whenever the holder of 116 
any motor vehicle operator's license or youth instruction permit who is 117 
less than eighteen years of age or whenever a person who does not hold 118 
an operator's license who is less than eighteen years of age has been 119 
convicted or has forfeited any bond taken or has received a suspended 120 
judgment or sentence for any of the following violations, the 121 
commissioner shall suspend such person's operator's license or 122 
privilege to obtain an operator's license as follows: For a first violation 123 
of subdivision (4) of subsection (a) of section 14-219 or subdivision (4) 124 
of subsection (b) of section 14-219, for a period of sixty days and, for a 125 
second violation thereof, for a period of ninety days and, for a third or 126 
subsequent violation thereof, for a period of six months; for a first 127 
violation of subsection (a) of section 14-222, for a period of six months 128 
and, for a subsequent violation thereof, for a period of one year; for a 129 
violation of subsection (c) of section 14-224, for a period of six months 130 
and, for a subsequent violation thereof, for a period of one year; for a 131 
first violation of section 14-296aa, for a period of thirty days and, for a 132 
second violation thereof, for a period of ninety days and, for a third or 133 
subsequent violation thereof, for a period of six months. 134 
(3) The commissioner shall suspend the motor vehicle operator's 135 
license of any youth adjudged a youthful offender for a violation of 136 
section 14-215 or 14-222, subsection (b) of section 14-223 or subdivision 137 
(2) or (3) of subsection (b) or subsection (c) of section 14-224 for six 138 
months for a first offense and one year for a second or subsequent 139 
offense. 140 
(4) Whenever any person who has not been issued a motor vehicle 141 
operator's license under section 14-36 is convicted of a second or 142 
subsequent violation of subsection (a) of section 14-36: (A) The 143 
commissioner shall suspend such person's privilege to operate a motor 144 
vehicle, (B) such suspension shall remain in effect for a period of ninety 145 
days, and (C) the commissioner shall not issue an operator's license to 146 
such person under section 14-36 until such period of suspension has 147 
expired and all applicable requirements for such license have been 148 
satisfied by such person. 149  Substitute Bill No. 5413 
 
 
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Sec. 5. Subsection (b) of section 51-164n of the 2024 supplement to the 150 
general statutes is repealed and the following is substituted in lieu 151 
thereof (Effective October 1, 2024): 152 
(b) Notwithstanding any provision of the general statutes, any person 153 
who is alleged to have committed (1) a violation under the provisions of 154 
section 1-9, 1-10, 1-11, 2-71h, 4b-13, 7-13, 7-14, 7-35 or 7-41, subsection (c) 155 
of section 7-66, section 7-83, 7-147h, 7-148, 7-283, 7-325, 7-393, 8-12, 8-25, 156 
8-27, 9-63, 9-322, 9-350, 10-185, 10-193, 10-197, 10-198, 10-230, 10-251, 10-157 
254, 10a-35, 12-52, 12-54, 12-129b or 12-170aa, subdivision (3) of 158 
subsection (e) of section 12-286, section 12-286a, 12-292, 12-314b or 12-159 
326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of 160 
section 12-411, section 12-435c, 12-476a, 12-476b, 12-476c, 12-487, 13a-161 
266, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-162 
124, 13a-139, 13a-140, 13a-143b, 13a-253, 13a-263 or 13b-39f, subsection 163 
(f) of section 13b-42, section 13b-90 or 13b-100, subsection (a) of section 164 
13b-108, section 13b-221 or 13b-292, subsection (a) or (b) of section 13b-165 
324, section 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, 166 
subsection (a), (b) or (c) of section 13b-412, section 13b-414 or 14-4, 167 
subdivision (2) of subsection (a) of section 14-12, subsection (d) of 168 
section 14-12, subsection (f) of section 14-12a, subsection (a) of section 169 
14-15a, section 14-16c, 14-20a or 14-27a, subsection (f) of section 14-34a, 170 
subsection (d) of section 14-35, section 14-43, 14-44j, 14-49, 14-50a, 14-58 171 
or 14-62a, subsection (b) of section 14-66, section 14-66a or 14-67a, 172 
subsection (g) of section 14-80, subsection (f) or (i) of section 14-80h, 173 
section 14-97a or 14-98, subsection (a), (b) or (d) of section 14-100a, 174 
section 14-100b, 14-103a, 14-106a, 14-106c, 14-145a, 14-146, 14-152, 14-175 
153, 14-161 or 14-163b, subsection (f) of section 14-164i, section 14-213b 176 
or 14-219, subdivision (1) of section 14-223a, subsection (d) of section 14-177 
224, section 14-240, 14-250, 14-253a, 14-261a, 14-262, 14-264, 14-266, 14-178 
267a, 14-269, 14-270, 14-272b, 14-274, 14-275 or 14-275a, subsection (c) of 179 
section 14-275c, section 14-276, subsection (a) or (b) of section 14-277, 180 
section 14-278, 14-279 or 14-280, subsection (b), (e) or (h) of section 14-181 
283, section 14-283d, 14-283e, 14-283f, 14-283g, 14-291, 14-293b, 14-296aa, 182 
14-298a, 14-300, 14-300d, 14-300f, 14-319, 14-320, 14-321, 14-325a, 14-326, 183  Substitute Bill No. 5413 
 
 
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14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 184 
15-15e, 15-25 or 15-33, subdivision (1) of section 15-97, subsection (a) of 185 
section 15-115, section 16-15, 16-16, 16-44, 16-256e, 16-278 or 16a-15, 186 
subsection (a) of section 16a-21, section 16a-22, subsection (a) or (b) of 187 
section 16a-22h, section 16a-106, 17a-24, 17a-145, 17a-149 or 17a-152, 188 
subsection (b) of section 17a-227, section 17a-465, subsection (c) of 189 
section 17a-488, section 17b-124, 17b-131, 17b-137, 19a-33, 19a-39 or 19a-190 
87, subsection (b) of section 19a-87a, section 19a-91, 19a-102a, 19a-102b, 191 
19a-105, 19a-107, 19a-113, 19a-215, 19a-216a, 19a-219, 19a-222, 19a-224, 192 
19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 193 
19a-339, 19a-340, 19a-425, 19a-442, 19a-502, 19a-565, 20-7a, 20-14, 20-194 
153a, 20-158, 20-231, 20-233, 20-249, 20-257, 20-265, 20-324e, 20-329c or 195 
20-329g, subsection (b) of section 20-334, section 20-341l, 20-366, 20-482, 196 
20-597, 20-608, 20-610, 20-623, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48 or 197 
21-63, subsection (d) of section 21-71, section 21-76a or 21-100, 198 
subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 199 
21a-20 or 21a-21, subdivision (1) of subsection (b) of section 21a-25, 200 
section 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 201 
21a-61, 21a-63, 21a-70b or 21a-77, subsection (b) or (c) of section 21a-79, 202 
section 21a-85 or 21a-154, subdivision (1) of subsection (a) of section 21a-203 
159, section 21a-278b, subsection (c), (d) or (e) of section 21a-279a, 204 
section 21a-421eee, 21a-421fff, 21a-421hhh, subsection (a) of section 21a-205 
430, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-30, 22-34, 22-35, 206 
22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l, subdivision (1) 207 
of subsection (n) of section 22-61l, subsection (f) of section 22-61m, 208 
subdivision (1) of subsection (f) of section 22-61m, section 22-84, 22-89, 209 
22-90, 22-96, 22-98, 22-99, 22-100 or 22-111o, subsection (d) of section 22-210 
118l, section 22-167, subsection (c) of section 22-277, section 22-278, 22-211 
279, 22-280a, 22-318a, 22-320h, 22-324a or 22-326, subsection (b), 212 
subdivision (1) or (2) of subsection (e) or subsection (g) of section 22-344, 213 
subsection (a) or (b) of section 22-344b, subsection (d) of section 22-344d, 214 
section 22-344f, 22-350a, 22-354, 22-359, 22-366, 22-391, 22-413, 22-414, 215 
22-415, 22-415c, 22a-66a or 22a-246, subsection (a) of section 22a-250, 216 
section 22a-256g, subsection (e) of section 22a-256h, section 22a-363 or 217 
22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, 218  Substitute Bill No. 5413 
 
 
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22a-450, 22a-461, 23-4b, 23-38, 23-45, 23-46 or 23-61b, subsection (a) or 219 
subdivision (1) of subsection (c) of section 23-65, section 25-37 or 25-40, 220 
subsection (a) of section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-221 
21, 26-31, 26-40, 26-40a, 26-42, 26-43, 26-49, 26-54, 26-55, 26-56, 26-58 or 222 
26-59, subdivision (1) of subsection (d) of section 26-61, section 26-64, 223 
subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 224 
26-97, 26-98, 26-104, 26-105, 26-107, 26-114a, 26-117, subsection (b) of 225 
section 26-127, 26-128, 26-128a, 26-131, 26-132, 26-138, 26-139 or 26-141, 226 
subdivision (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-227 
224a, subdivision (1) of section 26-226, section 26-227, 26-230, 26-231, 26-228 
232, 26-244, 26-257a, 26-260, 26-276, 26-280, 26-284, 26-285, 26-286, 26-229 
287, 26-288, 26-290, 26-291a, 26-292, 26-294, 27-107, 28-13, 29-6a, 29-16, 230 
29-17, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e), (g) or 231 
(h) of section 29-161q, section 29-161y or 29-161z, subdivision (1) of 232 
section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of section 233 
29-291c, section 29-316 or 29-318, subsection (b) of section 29-335a, 234 
section 29-381, 30-19f, 30-48a or 30-86a, subsection (b) of section 30-89, 235 
subsection (c) or (d) of section 30-117, section 31-3, 31-10, 31-11, 31-12, 236 
31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-47 or 237 
31-48, subsection (b) of section 31-48b, section 31-51, 31-51g, 31-52, 31-238 
52a, 31-53 or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 239 
31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-240 
273, section 31-288, 31-348, 33-624, 33-1017, 34-13d or 34-412, 241 
subdivision (1) of section 35-20, subsection (a) of section 36a-57, 242 
subsection (b) of section 36a-665, section 36a-699, 36a-739, 36a-787, 38a-243 
2 or 38a-140, subsection (a) or (b) of section 38a-278, section 38a-479qq, 244 
38a-479rr, 38a-506, 38a-548, 38a-626, 38a-680, 38a-713, 38a-733, 38a-764, 245 
38a-786, 38a-828, 38a-829, 38a-885, 42-133hh, 42-230, 42-470 or 42-480, 246 
subsection (a) or (c) of section 43-16q, section 45a-283, 45a-450, 45a-634 247 
or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46a-248 
81b, 46b-22, 46b-24, 46b-34, 46b-38d, 47-34a, 47-47 or 47-53, subsection 249 
(i) of section 47a-21, subdivision (1) of subsection (k) of section 47a-21, 250 
section 49-2a, 49-8a, 49-16, 52-143 or 52-289, subsection (j) of section 52-251 
362, section 53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-252 
290a, 53-302a, 53-303e, 53-311a, 53-314, 53-321, 53-322, 53-323 or 53-331, 253  Substitute Bill No. 5413 
 
 
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subsection (b) of section 53-343a, section 53-344, subsection (b) or (c) of 254 
section 53-344b, subsection (b) of section 53-345a, section 53-377, 53-422 255 
or 53-450 or subsection (i) of section 54-36a, or (2) a violation under the 256 
provisions of chapter 268, or (3) a violation of any regulation adopted in 257 
accordance with the provisions of section 12-484, 12-487 or 13b-410, or 258 
(4) a violation of any ordinance, regulation or bylaw of any town, city or 259 
borough, except violations of building codes, [and] the health code or 260 
an ordinance described in subdivision (5) of this subsection, for which 261 
the penalty exceeds ninety dollars but does not exceed two hundred 262 
fifty dollars, unless such town, city or borough has established a 263 
payment and hearing procedure for such violation pursuant to section 264 
7-152c, or (5) a violation of any ordinance adopted by a town, city or 265 
borough pursuant to section 14-390, as amended by this act, section 14-266 
390m, as amended by this act, or section 3 of this act for which the 267 
penalty does not exceed two thousand dollars, unless such town, city or 268 
borough has established a payment and hearing procedure for such 269 
violation pursuant to section 7-152c, shall follow the procedures set 270 
forth in this section. 271 
Sec. 6. (NEW) (Effective from passage) (a) For the fiscal year ending June 272 
30, 2025, and each fiscal year thereafter, the Office of Policy and 273 
Management shall, within available appropriations, administer a 274 
program to provide grants to municipalities to support enforcement of 275 
laws relating to street takeovers, as defined in section 14-224 of the 276 
general statutes, and illegal dirt bike and all-terrain vehicle operation, 277 
including enforcement of the provisions of subsection (c) of section 14-278 
224 of the general statutes and ordinances adopted pursuant to section 279 
14-390 of the general statutes, as amended by this act, section 14-390m 280 
of the general statutes, as amended by this act, and section 3 of this act. 281 
Such grants shall be in an amount of not less than five hundred 282 
thousand dollars and shall be used by municipalities for law 283 
enforcement overtime costs associated with enforcement of such laws, 284 
acquiring equipment to enhance enforcement of such laws and any 285 
other expenses related to such enforcement. 286 
(b) Not later than October 1, 2024, the office shall develop eligibility 287  Substitute Bill No. 5413 
 
 
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criteria to be used in selecting among applicants for such grants, 288 
develop application forms and deadlines and post in a conspicuous 289 
location on the office's Internet web site a description of the grant 290 
program that includes, but is not limited to, such criteria, forms and 291 
deadlines. 292 
(c) Not later than January 1, 2026, and annually thereafter, the office 293 
shall submit a report, in accordance with the provisions of section 11-4a 294 
of the general statutes, to the joint standing committee of the General 295 
Assembly having cognizance of matters relating to public safety and 296 
security. Such report shall include information for the preceding 297 
calendar year on the number of applications for grants that were 298 
received, the number of grants that were awarded and a list of the 299 
municipalities that received grants and the amount of such grants. 300 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2024 14-390 
Sec. 2 from passage 14-390m 
Sec. 3 October 1, 2024 New section 
Sec. 4 October 1, 2024 14-111(b) 
Sec. 5 October 1, 2024 51-164n(b) 
Sec. 6 from passage New section 
 
Statement of Legislative Commissioners:   
In Sections 1(b) and 2(b), "such lienholder" was changed to "such owner 
or lienholder" for consistency, and Section 3(b) was rewritten for clarity. 
 
JUD Joint Favorable Subst.