Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0040* | |
9 | 6 | ||
10 | 7 | SENATE BILL 40 | |
11 | 8 | R7 5lr1656 | |
12 | 9 | (PRE–FILED) CF HB 191 | |
13 | 10 | By: Senator Muse | |
14 | 11 | Requested: November 1, 2024 | |
15 | 12 | Introduced and read first time: January 8, 2025 | |
16 | 13 | Assigned to: Judicial Proceedings | |
17 | - | Committee Report: Favorable | |
18 | - | Senate action: Adopted | |
19 | - | Read second time: January 29, 2025 | |
20 | 14 | ||
21 | - | ||
15 | + | A BILL ENTITLED | |
22 | 16 | ||
23 | 17 | AN ACT concerning 1 | |
24 | 18 | ||
25 | 19 | Vehicle Laws – Towed, Removed, or Abandoned Vehicles – Electronic Notice to 2 | |
26 | 20 | Owner 3 | |
27 | 21 | ||
28 | 22 | FOR the purpose of authorizing a person who tows or removes a vehicle from a parking lot 4 | |
29 | 23 | to provide electronic notice of the tow or removal to the vehicle owner through the 5 | |
30 | 24 | Motor Vehicle Administration under certain circumstances; authorizing a police 6 | |
31 | 25 | department that takes an abandoned vehicle into custody to send an electronic notice 7 | |
32 | 26 | to the last known registered owner of the vehicle through the Administration under 8 | |
33 | 27 | certain circumstances; and generally relating to the electronic notice to vehicle 9 | |
34 | 28 | owners for towed, removed, or abandoned vehicles. 10 | |
35 | 29 | ||
36 | 30 | BY repealing and reenacting, with amendments, 11 | |
37 | 31 | Article – Transportation 12 | |
38 | 32 | Section 21–10A–04, 25–204, and 25–205 13 | |
39 | 33 | Annotated Code of Maryland 14 | |
40 | 34 | (2020 Replacement Volume and 2024 Supplement) 15 | |
41 | 35 | ||
42 | 36 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
43 | 37 | That the Laws of Maryland read as follows: 17 | |
44 | 38 | ||
45 | 39 | Article – Transportation 18 | |
46 | 40 | ||
47 | 41 | 21–10A–04. 19 | |
42 | + | ||
43 | + | (a) Unless otherwise set by local law, a person who undertakes the towing or 20 | |
44 | + | removal of a vehicle from a parking lot: 21 | |
45 | + | ||
46 | + | (1) May not charge the owner of the vehicle, the owner’s agent, the insurer 22 | |
47 | + | of record, or any secured party more than: 23 | |
48 | 48 | 2 SENATE BILL 40 | |
49 | 49 | ||
50 | 50 | ||
51 | - | ( | |
52 | - | ||
51 | + | (i) Twice the amount of the total fees normally charged or 1 | |
52 | + | authorized by the political subdivision for the public safety impound towing of vehicles; 2 | |
53 | 53 | ||
54 | - | (1) May not charge the owner of the vehicle, the owner’s agent, the insurer 3 | |
55 | - | of record, or any secured party more than: 4 | |
54 | + | (ii) Notwithstanding § 16–207(f)(1) of the Commercial Law Article, 3 | |
55 | + | the fee normally charged or authorized by the political subdivision from which the vehicle 4 | |
56 | + | was towed for the daily storage of impounded vehicles; 5 | |
56 | 57 | ||
57 | - | (i) Twice the amount of the total fees normally charged or 5 | |
58 | - | authorized by the political subdivision for the public safety impound towing of vehicles; 6 | |
58 | + | (iii) If a political subdivision does not establish a fee limit for the 6 | |
59 | + | public safety towing, recovery, or storage of impounded vehicles, $250 for towing and 7 | |
60 | + | recovering a vehicle and $30 per day for vehicle storage; and 8 | |
59 | 61 | ||
60 | - | (ii) Notwithstanding § 16–207(f)(1) of the Commercial Law Article, 7 | |
61 | - | the fee normally charged or authorized by the political subdivision from which the vehicle 8 | |
62 | - | was towed for the daily storage of impounded vehicles; 9 | |
62 | + | (iv) Subject to subsection (b) of this section, the actual cost of 9 | |
63 | + | providing notice under this section; 10 | |
63 | 64 | ||
64 | - | ( | |
65 | - | ||
66 | - | ||
65 | + | (2) Shall notify the police department in the jurisdiction where the parking 11 | |
66 | + | lot is located within 1 hour after towing or removing the vehicle from the parking lot, and 12 | |
67 | + | shall provide the following information: 13 | |
67 | 68 | ||
68 | - | ( | |
69 | - | ||
69 | + | (i) A description of the vehicle including the vehicle’s registration 14 | |
70 | + | plate number and vehicle identification number; 15 | |
70 | 71 | ||
71 | - | (2) Shall notify the police department in the jurisdiction where the parking 15 | |
72 | - | lot is located within 1 hour after towing or removing the vehicle from the parking lot, and 16 | |
73 | - | shall provide the following information: 17 | |
72 | + | (ii) The date and time the vehicle was towed or removed; 16 | |
74 | 73 | ||
75 | - | (i) A description of the vehicle including the vehicle’s registration 18 | |
76 | - | plate number and vehicle identification number; 19 | |
74 | + | (iii) The reason the vehicle was towed or removed; and 17 | |
77 | 75 | ||
78 | - | (ii) The date and time the vehicle was towed or removed; 20 | |
76 | + | (iv) The locations from which and to which the vehicle was towed or 18 | |
77 | + | removed; 19 | |
79 | 78 | ||
80 | - | (iii) The reason the vehicle was towed or removed; and 21 | |
79 | + | (3) (i) [Shall] SUBJECT TO ITEMS (II) AND (III) OF THIS ITEM, 20 | |
80 | + | SHALL notify the owner and[, except as provided in item (ii) of this item,] the insurer of 21 | |
81 | + | record and any secured party by certified mail, return receipt requested, and first–class 22 | |
82 | + | mail within 7 days, exclusive of days that the towing business is closed, after towing or 23 | |
83 | + | removing the vehicle, and shall provide the same information required in a notice to a police 24 | |
84 | + | department under item (2) of this subsection; [and] 25 | |
81 | 85 | ||
82 | - | ( | |
83 | - | ||
86 | + | (II) MAY PROVIDE NOTICE RE QUIRED UNDER ITEM (I) OF THIS 26 | |
87 | + | ITEM TO THE OWNER EL ECTRONICALLY THROUGH THE ADMINISTRATION IF : 27 | |
84 | 88 | ||
85 | - | (3) (i) [Shall] SUBJECT TO ITEMS (II) AND (III) OF THIS ITEM, 24 | |
86 | - | SHALL notify the owner and[, except as provided in item (ii) of this item,] the insurer of 25 | |
87 | - | record and any secured party by certified mail, return receipt requested, and first–class 26 | |
88 | - | mail within 7 days, exclusive of days that the towing business is closed, after towing or 27 | |
89 | - | removing the vehicle, and shall provide the same information required in a notice to a police 28 | |
90 | - | department under item (2) of this subsection; [and] 29 | |
89 | + | 1. THE ADMINISTRATION SENDS THE NOTICE TO THE 28 | |
90 | + | OWNER USING THE E –MAIL ADDRESS THE OWN ER PROVIDE D TO THE 29 | |
91 | + | ADMINISTRATION , AS SHOWN IN THE ADMINISTRATION ’S RECORDS; AND 30 | |
91 | 92 | ||
92 | - | (II) MAY PROVIDE NOTICE RE QUIRED UNDER ITEM (I) OF THIS 30 | |
93 | - | ITEM TO THE OWNER EL ECTRONICALLY THROUGH THE ADMINISTRATION IF : 31 | |
94 | - | SENATE BILL 40 3 | |
93 | + | 2. THE TOWER SENDS A NOT ICE BY CERTIFIED MAI L, 31 | |
94 | + | RETURN RECEIPT REQUE STED, AND FIRST–CLASS MAIL, TO THE OWNER IF THE 32 | |
95 | + | OWNER DOES NOT RESPO ND WITHIN 7 DAYS AFTER THE ELECT RONIC NOTICE WAS 33 | |
96 | + | SENT BY THE ADMINISTRATION ; AND 34 SENATE BILL 40 3 | |
95 | 97 | ||
96 | 98 | ||
97 | - | 1. THE ADMINISTRATION SENDS THE NOTICE TO THE 1 | |
98 | - | OWNER USING THE E –MAIL ADDRESS THE OWN ER PROVIDED TO THE 2 | |
99 | - | ADMINISTRATION , AS SHOWN IN THE ADMINISTRATION ’S RECORDS; AND 3 | |
100 | 99 | ||
101 | - | | |
102 | - | ||
103 | - | ||
104 | - | ||
100 | + | [(ii)] (III) May provide notice required under item (i) of this item to 1 | |
101 | + | any secured party or insurer of record electronically, if that form of notice is agreed to by 2 | |
102 | + | the tower and the secured party or insurer of record in writing or by electronic 3 | |
103 | + | communication; 4 | |
105 | 104 | ||
106 | - | [(ii)] (III) May provide notice required under item (i) of this item to 8 | |
107 | - | any secured party or insurer of record electronically, if that form of notice is agreed to by 9 | |
108 | - | the tower and the secured party or insurer of record in writing or by electronic 10 | |
109 | - | communication; 11 | |
105 | + | (4) Shall provide to the owner, any secured party, and the insurer of record 5 | |
106 | + | the itemized actual costs of providing notice under this section; 6 | |
110 | 107 | ||
111 | - | ( | |
112 | - | ||
108 | + | (5) Before towing or removing the vehicle, shall have authorization of the 7 | |
109 | + | parking lot owner which shall include: 8 | |
113 | 110 | ||
114 | - | (5) Before towing or removing the vehicle, shall have authorization of the 14 | |
115 | - | parking lot owner which shall include: 15 | |
111 | + | (i) The name of the person authorizing the tow or removal; 9 | |
116 | 112 | ||
117 | - | (i) The name of the person authorizing the tow or removal; 16 | |
113 | + | (ii) A statement that the vehicle is being towed or removed at the 10 | |
114 | + | request of the parking lot owner; and 11 | |
118 | 115 | ||
119 | - | ( | |
120 | - | ||
116 | + | (iii) Photographic evidence of the violation or event that precipitated 12 | |
117 | + | the towing of the vehicle; 13 | |
121 | 118 | ||
122 | - | (iii) Photographic evidence of the violation or event that precipitated 19 | |
123 | - | the towing of the vehicle; 20 | |
119 | + | (6) Shall obtain commercial liability insurance in the amount required by 14 | |
120 | + | federal law for transporting property in interstate or foreign commerce to cover the cost of 15 | |
121 | + | any damage to the vehicle resulting from the person’s negligence; 16 | |
124 | 122 | ||
125 | - | ( | |
126 | - | ||
127 | - | ||
123 | + | (7) May not employ or otherwise compensate individuals, commonly 17 | |
124 | + | referred to as “spotters”, whose primary task is to report the presence of unauthorized 18 | |
125 | + | parked vehicles for the purposes of towing or removal, and impounding; 19 | |
128 | 126 | ||
129 | - | (7) May not employ or otherwise compensate individuals, commonly 24 | |
130 | - | referred to as “spotters”, whose primary task is to report the presence of unauthorized 25 | |
131 | - | parked vehicles for the purposes of towing or removal, and impounding; 26 | |
127 | + | (8) May not pay any remuneration to the owner, agent, or employee of the 20 | |
128 | + | parking lot; and 21 | |
132 | 129 | ||
133 | - | (8) May not pay any remuneration to the owner, agent, or employee of the 27 | |
134 | - | parking lot; and 28 | |
130 | + | (9) May not tow a vehicle solely for a violation of failure to display a valid 22 | |
131 | + | current registration under § 13–411 of this article until 72 hours after a notice of violation 23 | |
132 | + | is placed on the vehicle. 24 | |
135 | 133 | ||
136 | - | (9) May not tow a vehicle solely for a violation of failure to display a valid 29 | |
137 | - | current registration under § 13–411 of this article until 72 hours after a notice of violation 30 | |
138 | - | is placed on the vehicle. 31 | |
134 | + | (b) A person may not charge for the actual cost of providing notice under 25 | |
135 | + | subsection (a)(1)(iv) of this section if the vehicle owner, the owner’s agent, the insurer of 26 | |
136 | + | record, or any secured party retakes possession of the vehicle within 48 hours after the 27 | |
137 | + | vehicle was received at the storage facility. 28 | |
139 | 138 | ||
140 | - | (b) A person may not charge for the actual cost of providing notice under 32 | |
141 | - | subsection (a)(1)(iv) of this section if the vehicle owner, the owner’s agent, the insurer of 33 4 SENATE BILL 40 | |
139 | + | (c) The Administration shall: 29 | |
140 | + | ||
141 | + | (1) ADOPT REGULATIONS TO ALLOW FOR ELECTRONIC NOTIFICATION 30 | |
142 | + | TO VEHICLE OWNERS UN DER SUBSECTION (A)(3)(II) OF THIS SECTION; 31 | |
143 | + | 4 SENATE BILL 40 | |
142 | 144 | ||
143 | 145 | ||
144 | - | record, or any secured party retakes possession of the vehicle within 48 hours after the 1 | |
145 | - | vehicle was received at the storage facility. 2 | |
146 | + | (2) Establish and maintain a database containing the proper address for 1 | |
147 | + | providing notice to an insurer under subsection [(a)(3)] (A)(3)(III) of this section for each 2 | |
148 | + | insurer authorized to write a vehicle liability insurance policy in the State; and 3 | |
146 | 149 | ||
147 | - | (c) The Administration shall: 3 | |
150 | + | [(2)] (3) Make the database REQUIRED UNDER ITEM (2) OF THIS 4 | |
151 | + | SUBSECTION available to any tower free of charge. 5 | |
148 | 152 | ||
149 | - | (1) ADOPT REGULATIONS TO ALLOW FOR ELECTRONIC NOTIFICATION 4 | |
150 | - | TO VEHICLE OWNERS UN DER SUBSECTION (A)(3)(II) OF THIS SECTION; 5 | |
153 | + | (d) An agreement to provide notice electronically made in accordance with 6 | |
154 | + | subsection [(a)(3)(ii)] (A)(3)(III) of this section shall remain in effect until terminated by 7 | |
155 | + | either party. 8 | |
151 | 156 | ||
152 | - | (2) Establish and maintain a database containing the proper address for 6 | |
153 | - | providing notice to an insurer under subsection [(a)(3)] (A)(3)(III) of this section for each 7 | |
154 | - | insurer authorized to write a vehicle liability insurance policy in the State; and 8 | |
157 | + | 25–204. 9 | |
155 | 158 | ||
156 | - | [(2)] (3) Make the database REQUIRED UNDER ITEM (2) OF THIS 9 | |
157 | - | SUBSECTION available to any tower free of charge. 10 | |
159 | + | (a) (1) As soon as reasonably possible and within 7 days at most after it takes 10 | |
160 | + | an abandoned vehicle into custody, a police department shall send a notice, by certified 11 | |
161 | + | mail, return receipt requested, bearing a postmark from the United States Postal Service, 12 | |
162 | + | to: 13 | |
158 | 163 | ||
159 | - | (d) An agreement to provide notice electronically made in accordance with 11 | |
160 | - | subsection [(a)(3)(ii)] (A)(3)(III) of this section shall remain in effect until terminated by 12 | |
161 | - | either party. 13 | |
164 | + | (i) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 14 | |
165 | + | THE last known registered owner of the vehicle; and 15 | |
162 | 166 | ||
163 | - | 25–204. 14 | |
167 | + | (ii) Subject to paragraph [(2)] (3) of this subsection, each secured 16 | |
168 | + | party, as shown on the records of the Administration. 17 | |
164 | 169 | ||
165 | - | (a) (1) As soon as reasonably possible and within 7 days at most after it takes 15 | |
166 | - | an abandoned vehicle into custody, a police department shall send a notice, by certified 16 | |
167 | - | mail, return receipt requested, bearing a postmark from the United States Postal Service, 17 | |
168 | - | to: 18 | |
170 | + | (2) A POLICE DEPARTMENT MA Y NOTIFY THE LAST KN OWN 18 | |
171 | + | REGISTERED OWNER ELE CTRONICALLY THROUGH THE ADMINISTRATION IF : 19 | |
169 | 172 | ||
170 | - | (i) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 19 | |
171 | - | THE last known registered owner of the vehicle; and 20 | |
173 | + | (I) THE ADMINISTRATION SENDS THE NOTICE TO THE O WNER 20 | |
174 | + | USING THE E–MAIL ADDRESS THE OWN ER PROVIDED TO THE ADMINISTRATION , AS 21 | |
175 | + | SHOWN IN THE RECORDS OF THE ADMINISTRATION ; AND 22 | |
172 | 176 | ||
173 | - | (ii) Subject to paragraph [(2)] (3) of this subsection, each secured 21 | |
174 | - | party, as shown on the records of the Administration. 22 | |
177 | + | (II) THE POLICE DEPARTMENT SENDS THE OWNER NOTI CE BY 23 | |
178 | + | CERTIFIED MAIL , RETURN RECEIPT REQUE STED, AND FIRST–CLASS MAIL, IF THE 24 | |
179 | + | OWNER DOES NOT RESPOND W ITHIN 7 DAYS AFTER THE ELECT RONIC NOTICE WAS 25 | |
180 | + | SENT BY THE ADMINISTRATION . 26 | |
175 | 181 | ||
176 | - | (2) A POLICE DEPARTMENT MA Y NOTIFY THE LAST KN OWN 23 | |
177 | - | REGISTERED OWNER ELE CTRONICALLY THROUGH THE ADMINISTRATION IF: 24 | |
182 | + | [(2)] (3) A police department may send notice to any secured party 27 | |
183 | + | electronically, if that form of notice is agreed to by the police department, the tower, and 28 | |
184 | + | the secured party in writing or by electronic communication. 29 | |
178 | 185 | ||
179 | - | (I) THE ADMINISTRATION SENDS THE NOTICE TO THE OW NER 25 | |
180 | - | USING THE E–MAIL ADDRESS THE OWN ER PROVIDED TO THE ADMINISTRATION , AS 26 | |
181 | - | SHOWN IN THE RECORDS OF THE ADMINISTRATION ; AND 27 | |
186 | + | (b) The notice shall: 30 | |
182 | 187 | ||
183 | - | (II) THE POLICE DEPARTMENT SENDS THE OWNER NOTI CE BY 28 | |
184 | - | CERTIFIED MA IL, RETURN RECEIPT REQUE STED, AND FIRST–CLASS MAIL, IF THE 29 | |
185 | - | OWNER DOES NOT RESPO ND WITHIN 7 DAYS AFTER THE ELECT RONIC NOTICE WAS 30 | |
186 | - | SENT BY THE ADMINISTRATION . 31 | |
188 | + | (1) State that the abandoned vehicle has been taken into custody; 31 | |
187 | 189 | SENATE BILL 40 5 | |
188 | 190 | ||
189 | 191 | ||
190 | - | [(2)] (3) A police department may send notice to any secured party 1 | |
191 | - | electronically, if that form of notice is agreed to by the police department, the tower, and 2 | |
192 | - | the secured party in writing or by electronic communication. 3 | |
192 | + | (2) Describe the year, make, model, and vehicle identification number of 1 | |
193 | + | the vehicle; 2 | |
193 | 194 | ||
194 | - | ( | |
195 | + | (3) Give the location of the facility where the vehicle is held; 3 | |
195 | 196 | ||
196 | - | (1) State that the abandoned vehicle has been taken into custody; 5 | |
197 | + | (4) (i) Inform the owner and secured party of the owner’s and secured 4 | |
198 | + | party’s right to reclaim the vehicle within 3 weeks after the date of the notice, on payment 5 | |
199 | + | of all towing, preservation, and storage charges resulting from taking or placing the vehicle 6 | |
200 | + | in custody; or 7 | |
197 | 201 | ||
198 | - | (2) Describe the year, make, model, and vehicle identification number of 6 | |
199 | - | the vehicle; 7 | |
202 | + | (ii) In Baltimore City and Montgomery County, subject to subsection 8 | |
203 | + | (a)(2) AND (3) of this section, be sent by certified mail, return receipt requested, and inform 9 | |
204 | + | the owner and secured party of the owner’s and secured party’s right to reclaim the vehicle 10 | |
205 | + | within 11 working days after the receipt of the notice, on payment of all towing, 11 | |
206 | + | preservation, and storage charges resulting from taking or placing the vehicle in custody; 12 | |
207 | + | and 13 | |
200 | 208 | ||
201 | - | (3) Give the location of the facility where the vehicle is held; 8 | |
209 | + | (5) State that the failure of the owner or secured party to exercise this right 14 | |
210 | + | in the time provided is: 15 | |
202 | 211 | ||
203 | - | (4) (i) Inform the owner and secured party of the owner’s and secured 9 | |
204 | - | party’s right to reclaim the vehicle within 3 weeks after the date of the notice, on payment 10 | |
205 | - | of all towing, preservation, and storage charges resulting from taking or placing the vehicle 11 | |
206 | - | in custody; or 12 | |
212 | + | (i) A waiver by the owner or secured party of all of the owner’s or 16 | |
213 | + | secured party’s right, title, and interest in the vehicle; 17 | |
207 | 214 | ||
208 | - | (ii) In Baltimore City and Montgomery County, subject to subsection 13 | |
209 | - | (a)(2) AND (3) of this section, be sent by certified mail, return receipt requested, and inform 14 | |
210 | - | the owner and secured party of the owner’s and secured party’s right to reclaim the vehicle 15 | |
211 | - | within 11 working days after the receipt of the notice, on payment of all towing, 16 | |
212 | - | preservation, and storage charges resulting from taking or placing the vehicle in custody; 17 | |
213 | - | and 18 | |
215 | + | (ii) A consent to the sale of the vehicle at public auction; and 18 | |
214 | 216 | ||
215 | - | ( | |
216 | - | ||
217 | + | (iii) A consent by the owner other than a lessor to the retention of the 19 | |
218 | + | vehicle for public purposes as provided in § 25–207 of this subtitle. 20 | |
217 | 219 | ||
218 | - | (i) A waiver by the owner or secured party of all of the owner’s or 21 | |
219 | - | secured party’s right, title, and interest in the vehicle; 22 | |
220 | + | (c) In Baltimore City, Prince George’s County, and Montgomery County, a police 21 | |
221 | + | department or its agent may seek to recover costs of impoundment, storage, and sale of a 22 | |
222 | + | vehicle as provided by §§ 25–206.1 and 25–206.2 of this subtitle. If a police department or 23 | |
223 | + | its agent seeks to apply the provisions of §§ 25–206.1 and 25–206.2 of this subtitle, the 24 | |
224 | + | notice required by this section shall also state that the failure of the owner or secured party 25 | |
225 | + | to exercise the right to reclaim the vehicle in the time provided may cause: 26 | |
220 | 226 | ||
221 | - | ( | |
227 | + | (1) Continuing liability of the owner for costs of: 27 | |
222 | 228 | ||
223 | - | (iii) A consent by the owner other than a lessor to the retention of the 24 | |
224 | - | vehicle for public purposes as provided in § 25–207 of this subtitle. 25 | |
229 | + | (i) Impoundment; 28 | |
225 | 230 | ||
226 | - | (c) In Baltimore City, Prince George’s County, and Montgomery County, a police 26 | |
227 | - | department or its agent may seek to recover costs of impoundment, storage, and sale of a 27 | |
228 | - | vehicle as provided by §§ 25–206.1 and 25–206.2 of this subtitle. If a police department or 28 | |
229 | - | its agent seeks to apply the provisions of §§ 25–206.1 and 25–206.2 of this subtitle, the 29 | |
230 | - | notice required by this section shall also state that the failure of the owner or secured party 30 | |
231 | - | to exercise the right to reclaim the vehicle in the time provided may cause: 31 | |
231 | + | (ii) Storage within the chargeable limit for storage as provided in § 29 | |
232 | + | 25–206.1(b) of this subtitle; and 30 | |
232 | 233 | ||
233 | - | ( | |
234 | + | (iii) Sale of the vehicle; and 31 | |
234 | 235 | ||
235 | - | (i) Impoundment; 33 | |
236 | + | (2) Denial of any application by the owner to renew the registration of any 32 | |
237 | + | vehicle as required by § 25–206.2 of this subtitle. 33 | |
236 | 238 | 6 SENATE BILL 40 | |
237 | 239 | ||
238 | 240 | ||
239 | - | (ii) Storage within the chargeable limit for storage as provided in § 1 | |
240 | - | 25–206.1(b) of this subtitle; and 2 | |
241 | + | (D) THE ADMINISTRATION SHALL ADOPT REGULATIONS TO ALLOW FOR 1 | |
242 | + | ELECTRONIC NOTIFICAT ION TO THE LAST KNOW N REGISTERED OWNER O F A 2 | |
243 | + | VEHICLE UNDER SUBSEC TION (A)(2) OF THIS SECTION. 3 | |
241 | 244 | ||
242 | - | ||
245 | + | 25–205. 4 | |
243 | 246 | ||
244 | - | (2) Denial of any application by the owner to renew the registration of any 4 | |
245 | - | vehicle as required by § 25–206.2 of this subtitle. 5 | |
247 | + | (a) This section applies if: 5 | |
246 | 248 | ||
247 | - | (D) THE ADMINISTRATION SHALL ADOPT REGULATIONS TO ALLOW FOR 6 | |
248 | - | ELECTRONIC NOTIFICAT ION TO THE LAST KNOW N REGISTERED OWNER O F A 7 | |
249 | - | VEHICLE UNDER SUBSEC TION (A)(2) OF THIS SECTION. 8 | |
249 | + | (1) The identity of the last registered owner of an abandoned vehicle cannot 6 | |
250 | + | be determined; 7 | |
250 | 251 | ||
251 | - | ||
252 | + | (2) The registration of the vehicle gives no address for the owner; 8 | |
252 | 253 | ||
253 | - | (a) This section applies if: 10 | |
254 | + | (3) It is impossible to determine with reasonable certainty the identity and 9 | |
255 | + | address of each secured party; 10 | |
254 | 256 | ||
255 | - | ( | |
256 | - | ||
257 | + | (4) The certified mail notice required by § 25–204 of this subtitle is 11 | |
258 | + | returned as undeliverable; or 12 | |
257 | 259 | ||
258 | - | (2) The registration of the vehicle gives no address for the owner; 13 | |
260 | + | (5) The electronic [notice] NOTICES authorized under [§ 25–204] § 13 | |
261 | + | 25–204(A)(2) OR (3) of this subtitle [is] ARE not acknowledged or [is] ARE returned as 14 | |
262 | + | undeliverable. 15 | |
259 | 263 | ||
260 | - | (3) It is impossible to determine with reasonable certainty the identity and 14 | |
261 | - | address of each secured party; 15 | |
264 | + | (b) Under one of the conditions described in subsection (a) of this section, a police 16 | |
265 | + | department that takes an abandoned vehicle into custody shall give the required notice by 17 | |
266 | + | posting a notice complying with the provisions of subsection (c) of this section in the circuit 18 | |
267 | + | court of the county where the abandoned vehicle was found. 19 | |
262 | 268 | ||
263 | - | (4) The certified mail notice required by § 25–204 of this subtitle is 16 | |
264 | - | returned as undeliverable; or 17 | |
269 | + | (c) The notice: 20 | |
265 | 270 | ||
266 | - | (5) The electronic [notice] NOTICES authorized under [§ 25–204] § 18 | |
267 | - | 25–204(A)(2) OR (3) of this subtitle [is] ARE not acknowledged or [is] ARE returned as 19 | |
268 | - | undeliverable. 20 | |
271 | + | (1) May contain multiple listings of abandoned vehicles; 21 | |
269 | 272 | ||
270 | - | (b) Under one of the conditions described in subsection (a) of this section, a police 21 | |
271 | - | department that takes an abandoned vehicle into custody shall give the required notice by 22 | |
272 | - | posting a notice complying with the provisions of subsection (c) of this section in the circuit 23 | |
273 | - | court of the county where the abandoned vehicle was found. 24 | |
273 | + | (2) Shall contain the information required by § 25–204 of this subtitle; and 22 | |
274 | 274 | ||
275 | - | ( | |
275 | + | (3) Shall be posted: 23 | |
276 | 276 | ||
277 | - | ( | |
277 | + | (i) Within 15 days of the taking into custody of the vehicle; or 24 | |
278 | 278 | ||
279 | - | (2) Shall contain the information required by § 25–204 of this subtitle; and 27 | |
279 | + | (ii) If the notice by posting under this section is made because of the 25 | |
280 | + | return as undeliverable of a prior notice by certified mail, return receipt requested, bearing 26 | |
281 | + | a postmark from the United States Postal Service, within 7 days of the return of that prior 27 | |
282 | + | notice. 28 | |
280 | 283 | ||
281 | - | (3) Shall be posted: 28 | |
284 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 | |
285 | + | October 1, 2025. 30 | |
282 | 286 | ||
283 | - | (i) Within 15 days of the taking into custody of the vehicle; or 29 | |
284 | - | SENATE BILL 40 7 | |
285 | - | ||
286 | - | ||
287 | - | (ii) If the notice by posting under this section is made because of the 1 | |
288 | - | return as undeliverable of a prior notice by certified mail, return receipt requested, bearing 2 | |
289 | - | a postmark from the United States Postal Service, within 7 days of the return of that prior 3 | |
290 | - | notice. 4 | |
291 | - | ||
292 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 | |
293 | - | October 1, 2025. 6 | |
294 | - | ||
295 | - | ||
296 | - | ||
297 | - | ||
298 | - | Approved: | |
299 | - | ________________________________________________________________________________ | |
300 | - | Governor. | |
301 | - | ________________________________________________________________________________ | |
302 | - | President of the Senate. | |
303 | - | ________________________________________________________________________________ | |
304 | - | Speaker of the House of Delegates. |