TN
Tennessee Senate Bill SB1068

Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1068 Compare Versions

Only one version of the bill is available at this time.
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22 HOUSE BILL 972
33 By McCalmon
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55 SENATE BILL 1068
66 By Johnson
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99 SB1068
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1313 AN ACT to amend Tennessee Code Annotated, Title 4;
1414 Title 5; Title 6; Title 7; Title 39; Title 47; Title 48;
1515 Title 55; Title 56; Title 62; Title 66 and Title 67,
1616 relative to motor vehicles.
1717
1818 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1919 SECTION 1. Tennessee Code Annotated, Title 55, Chapter 31, is amended by deleting
2020 the chapter and substituting the following:
2121 55-31-101. Short title.
2222 This chapter is known and may be cited as the "Modernization of Towing,
2323 Immobilization, and Oversight Normalization (MOTION) Act of 2025."
2424 55-31-102. Chapter definitions.
2525 As used in this chapter:
2626 (1) "Abandoned motor vehicle" means a motor vehicle physically located
2727 in this state that:
2828 (A) Is left unattended on public property for more than ten (10)
2929 days;
3030 (B) Is in an obvious state of disrepair and is left unattended on
3131 public property for more than three (3) days;
3232 (C) Has remained illegally on public property for a period of more
3333 than forty-eight (48) hours;
3434 (D) Is left unattended and interferes with or impedes the orderly
3535 flow of traffic or is left unattended during or prior to inclement weather
3636 conditions;
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4141 (E) Is unattended by reason of the arrest of the driver of the motor
4242 vehicle;
4343 (F) Is creating a hazard, blocking access to public or private
4444 property, or parked illegally;
4545 (G) Has remained on private property without the consent of the
4646 owner or person in control of the property for more than forty-eight (48)
4747 hours;
4848 (H) Has remained on private residential property without the
4949 consent of the owner or person in control of the property; or
5050 (I) Has been stored, parked, or left in a garage, trailer park, or any
5151 type of storage or parking lot for more than thirty (30) consecutive days;
5252 (2) "Authorized agent" means:
5353 (A) A person authorized to operate the motor vehicle;
5454 (B) A person in possession of private property; or
5555 (C) For an insurer or lienholder, a person authorized to act on
5656 behalf of the insurer or lienholder;
5757 (3) "Automatic license plate reader" means one (1) or more mobile or
5858 fixed automated high-speed cameras used in combination with computer
5959 algorithms to convert images of motor vehicles or license plates into computer-
6060 readable data that can be used to determine the ownership of a motor vehicle;
6161 (4) "Boot" or "booting" means the act of installing a vehicle immobilization
6262 device on a motor vehicle;
6363 (5) "Commercial parking lot":
6464
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6868 (A) Means a privately owned parking lot or parking garage used
6969 for the temporary storage of motor vehicles, either for a fee or for use by
7070 customers of the owner of the parking lot or parking garage; and
7171 (B) Does not include:
7272 (i) A public street;
7373 (ii) A public right-of-way;
7474 (iii) A publicly owned parking lot or parking garage;
7575 (iv) A motor vehicle storage facility; or
7676 (v) An establishment for the servicing, repair, or
7777 maintenance of motor vehicles;
7878 (6) "Commercial parking lot owner" means the owner or operator of a
7979 commercial parking lot;
8080 (7) "Curbstoning" means selling, offering for sale, advertising for sale, or
8181 soliciting the sale of:
8282 (A) A motor vehicle without a properly endorsed certificate of title,
8383 as required by §§ 55-3-118 and 55-3-127, by a person engaged primarily
8484 in the sale of used motor vehicles if the person is not licensed as a motor
8585 vehicle dealer pursuant to chapter 17, part 1 of this title; or
8686 (B) More than five (5) motor vehicles in any twelve-month period
8787 when the motor vehicles are titled in the person's name engaged primarily
8888 in the sale of used motor vehicles if the person is not licensed as a motor
8989 vehicle dealer pursuant to chapter 17, part 1 of this title;
9090 (8) "Demolisher" means a person whose business is to convert a motor
9191 vehicle into processed scrap or scrap metal, or to otherwise wreck or dismantle
9292 motor vehicles;
9393
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9797 (9) "Garagekeeper":
9898 (A) Means:
9999 (i) A towing company;
100100 (ii) A motor vehicle storage facility; or
101101 (iii) An establishment for the servicing, repair, or
102102 maintenance of motor vehicles; and
103103 (B) Does not include:
104104 (i) A commercial parking lot;
105105 (ii) A commercial parking lot owner; or
106106 (iii) A publicly owned parking lot or parking garage;
107107 (10) "Immobile motor vehicle" means a motor vehicle, trailer, semitrailer,
108108 or combination or part of a motor vehicle, trailer, or semitrailer that is immobilized
109109 and incapable of moving under its own power due to an accident, mechanical
110110 breakdown, weather condition, or other emergency situation;
111111 (11) "Law enforcement agency" means:
112112 (A) The Tennessee highway patrol;
113113 (B) The sheriff's department of any county;
114114 (C) The police department of any municipality; or
115115 (D) Any department, board, or commission designated by the
116116 legislative body of any county with a metropolitan form of government to
117117 perform the duties of a law enforcement agency specified in this chapter;
118118 (12) "Local government" means a municipality, county, or county having
119119 a metropolitan form of government;
120120 (13) "Motor vehicle" has the same meaning as defined in § 55-8-101 and
121121 includes a tractor or trailer as those terms are defined in § 55-8-101;
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126126 (14) "Motor vehicle portal" means the electronic database or online
127127 platform established by the department of revenue pursuant to § 55-31-104;
128128 (15) "Obvious state of disrepair" means a motor vehicle that:
129129 (A) Is inoperable under its own power;
130130 (B) Is without one (1) or more wheels or inflated tires;
131131 (C) Is burned throughout; or
132132 (D) Has more than one (1) broken window;
133133 (16) "Person" includes a natural person, firm, association, corporation, or
134134 partnership;
135135 (17) "Release fee" means a fee charged by a towing company to release
136136 a motor vehicle after the towing company has begun to tow the motor vehicle;
137137 (18) "Third-party service provider" means an entity that is approved by
138138 the department of revenue to create and implement the motor vehicle portal in
139139 compliance with § 55-31-104;
140140 (19) "Towing company" means a person engaged in the business of
141141 towing motor vehicles by use of a tow truck; and
142142 (20) "Vehicle immobilization device" means a device that is designed or
143143 adapted to be attached to a parked motor vehicle to prohibit the motor vehicle's
144144 usual manner of movement or operation.
145145 55-31-103. Penalties.
146146 (a)
147147 (1) Except as otherwise provided in subdivision (a)(2):
148148 (A) A violation of this chapter constitutes a violation of the
149149 Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter
150150 18, part 1, is an unfair or deceptive act or practice affecting trade or
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155155 commerce, and is subject to the penalties and remedies as provided in
156156 the Tennessee Consumer Protection Act of 1977, in addition to any
157157 penalties and remedies established under this chapter;
158158 (B) The attorney general and reporter has all of the investigative
159159 and enforcement authority that the attorney general and reporter has
160160 under the Tennessee Consumer Protection Act of 1977 relating to alleged
161161 violations of this chapter. If the attorney general and reporter reasonably
162162 believes that a person has violated this chapter, then the attorney general
163163 and reporter may institute a proceeding under this section; and
164164 (C) Costs of any kind or nature must not be taxed against the
165165 attorney general and reporter or the state in actions commenced under
166166 this chapter.
167167 (2) Subdivision (a)(1) does not apply to § 55-31-104 or part 3 of this
168168 chapter.
169169 (b)
170170 (1) Except as otherwise provided in subdivision (b)(2), in addition to the
171171 remedy provided in subsection (a), a person injured as a result of a violation of
172172 this chapter is entitled to maintain a private right of action for injunctive relief and
173173 to recover actual damages, compensatory damages, punitive damages, and
174174 reasonable attorney's fees against an alleged violator.
175175 (2) Subdivision (b)(1) does not apply to § 55-31-104 or part 3 of this
176176 chapter.
177177 (c)
178178 (1) A violation of § 55-31-201, § 55-31-204, § 55-31-205, or § 55-31-206
179179 is a Class B misdemeanor.
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184184 (2) A violation of § 55-31-201, § 55-31-204, § 55-31-205, or § 55-31-206
185185 for a second or subsequent offense is a Class A misdemeanor.
186186 55-31-104. Motor vehicle portal.
187187 (a)
188188 (1) The department of revenue shall create and implement an electronic
189189 database or online platform that allows a law enforcement agency or
190190 garagekeeper to input abandoned or immobile vehicle information for public
191191 notice to be made through a motor vehicle portal as required by § 55-31-302.
192192 The department may contract with a third-party service provider to create and
193193 implement the motor vehicle portal.
194194 (2) The department of revenue shall:
195195 (A) Begin the procurement process to create and implement the
196196 motor vehicle portal described in subdivision (a)(1) no later than July 1,
197197 2025; and
198198 (B) Implement the motor vehicle portal required under subdivision
199199 (a)(1) no later than July 1, 2026.
200200 (b) On and after the ninetieth day after the motor vehicle portal created pursuant
201201 to this section is operational and available for use, the department of revenue may
202202 charge a law enforcement agency or another user of the portal a fee for entering
203203 information or sending notification through the portal, but a fee must not be charged for
204204 conducting a public search on the motor vehicle portal. The fee must be charged in an
205205 amount to cover the cost of creating, administering, and maintaining the motor vehicle
206206 portal created pursuant to this section.
207207 (c) At a minimum, the motor vehicle portal must:
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212212 (1) Provide the public with real-time access to locate motor vehicles that
213213 have been towed pursuant to this chapter;
214214 (2) Provide retrieval information and requirements of motor vehicles that
215215 have been towed pursuant to this chapter;
216216 (3) Provide the fee amounts and payment methods for motor vehicles
217217 that have been towed pursuant to this chapter;
218218 (4) Consolidate statewide towing data into one (1) searchable,
219219 centralized database available to the public to be searched;
220220 (5) Allow and enable a towing company to submit detailed reports;
221221 (6) Store data relevant to this chapter securely in a centralized database
222222 and allow access to law enforcement agencies and the public;
223223 (7) Send notices via mail to the last known registered owner of a motor
224224 vehicle and all lienholders or record that a vehicle has been taken into custody;
225225 (8) Provide application programming interface-accessible endpoints for
226226 retrieving data by other systems and for integration with other systems; and
227227 (9) Allow and enable users to verify ownership of a motor vehicle.
228228 (d) The commissioner of revenue is authorized to promulgate rules to effectuate
229229 this section. The rules must be promulgated in accordance with the Uniform
230230 Administrative Procedures Act, compiled in title 4, chapter 5.
231231 (e) The commissioner of revenue shall:
232232 (1) Place a notice on the department of revenue's website that notifies
233233 the public of the date the motor vehicle portal is operational and available for use
234234 and what date is the ninetieth day following such date; and
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239239 (2) Notify the Tennessee code commission in writing of the date that the
240240 motor vehicle portal is operational and available for use and what date is the
241241 ninetieth day following such date.
242242 (f) All revenues received from the fees must be earmarked and used for the
243243 administration and maintenance of the motor vehicle portal. All funds generated
244244 pursuant to this section must be deposited into a special account earmarked solely for
245245 the purposes set forth in this section, and any unexpended funds do not revert to the
246246 general fund and must be held in the account for use in accordance with this section.
247247 55-31-105. Removal of firearms from stored vehicles.
248248 A garagekeeper may remove and secure a firearm left in a stored motor vehicle if
249249 the firearm can be removed without causing damage to the motor vehicle. If removed,
250250 the firearm must be tagged or logged in a manner to tie it to the vehicle from which it
251251 was removed, and the firearm must be stored at the business in a firearm safe or other
252252 type of secure storage. The business shall notify the owner of the vehicle when a
253253 firearm is removed and secured, and such notice must include information regarding
254254 how the firearm may be retrieved.
255255 55-31-201. Booting.
256256 It is an offense for any person to boot a motor vehicle.
257257 55-31-202. Automatic license plate readers.
258258 A commercial parking lot owner shall not utilize an automatic license plate reader
259259 to enforce the commercial parking lot owner's parking requirements without first posting
260260 signage that:
261261 (1) Is designed and placed in a manner that ensures clear visibility and
262262 readability by consumers parking in the commercial parking lot;
263263 (2) Contains the language LICENSE PLATE READER IN USE;
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268268 (3) Is located at each designated entrance to the property, if a dedicated
269269 entrance to the commercial parking lot exists; and
270270 (4) Is located on each level of the commercial parking lot, if the
271271 commercial parking lot has more than one (1) level.
272272 55-31-203. Parking fees.
273273 (a) A commercial parking lot owner that requires payment at the conclusion of a
274274 parking session shall not charge a penalty for nonpayment of parking fees unless:
275275 (1) The commercial parking lot owner posts signage that:
276276 (A) Is designed and placed in a manner that ensures clear
277277 visibility and readability by consumers parking in the commercial parking
278278 lot;
279279 (B) Provides notice that motor vehicle owners who leave the
280280 commercial parking lot without paying parking fees will be subject to a
281281 penalty if the parking fees are not paid within seventy-two (72) hours from
282282 the time of the commercial parking lot owner's discovery of the
283283 nonpayment of parking fees; and
284284 (C) Is located at each designated exit of the commercial parking
285285 lot;
286286 (2) The actual cost of parking fees owed remains unpaid after seventy-
287287 two (72) hours from the time of the commercial parking lot owner's discovery of
288288 the nonpayment of parking fees; and
289289 (3)
290290 (A) If the actual cost of parking fees owed remains unpaid for
291291 thirty (30) days or less from the date of the commercial parking lot
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296296 owner's discovery of the nonpayment of parking fees, the fee is not
297297 greater than fifty dollars ($50.00); or
298298 (B) If the actual cost of parking fees owed remains unpaid for
299299 greater than thirty (30) days from the date of the commercial parking lot
300300 owner's discovery of the nonpayment of parking fees, the fee is not
301301 greater than seventy-five dollars ($75.00).
302302 (b) A commercial parking lot owner that requires payment at the beginning of a
303303 parking session shall not charge a penalty for nonpayment of parking fees unless:
304304 (1) The commercial parking lot owner posts signage that:
305305 (A) Is designed and placed in a manner that ensures clear
306306 visibility and readability by consumers parking in the commercial parking
307307 lot;
308308 (B) Provides notice that motor vehicle owners who fail to pay the
309309 parking fees within thirty (30) minutes from the time of parking will be
310310 subject to a penalty; and
311311 (C) Is located at each designated entrance of the commercial
312312 parking lot;
313313 (2) The actual cost of parking fees owed remains unpaid after seventy-
314314 two (72) hours from the time of the commercial parking lot owner's discovery of
315315 the nonpayment of parking fees; and
316316 (3) The actual cost of the parking fees complies with subdivision (a)(3).
317317 55-31-204. Towing.
318318 (a) Notwithstanding any other law to the contrary, a person shall not tow a motor
319319 vehicle without express written authorization by the owner or authorized agent of the
320320 owner of the motor vehicle unless:
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325325 (1) An owner or authorized agent of the owner of a commercial parking
326326 lot or other private property open to the public has authorized the towing of the
327327 motor vehicle left unattended and the owner has posted notice that any motor
328328 vehicle not authorized to park on the private property is subject to towing;
329329 (2) An owner or authorized agent of the owner of a commercial parking
330330 lot or other private property open to the public has authorized the towing of a
331331 motor vehicle that has been unattended for more than twelve (12) hours;
332332 (3) An owner or authorized agent of the owner of private property not
333333 open to the public has authorized the towing of a motor vehicle left unattended;
334334 or
335335 (4) A law enforcement officer with appropriate jurisdiction requests that
336336 the motor vehicle be towed pursuant to § 55-31-301.
337337 (b) The authorization required pursuant to subdivision (a)(4) must include all
338338 information required by § 66-19-103(d).
339339 (c) A person attempting to tow a motor vehicle shall immediately release the
340340 vehicle that the person has begun to tow if:
341341 (1) The motor vehicle has not left the original parking location; and
342342 (2) The owner or operator of the motor vehicle pays a release fee.
343343 (d)
344344 (1) Prior to ninety (90) days after the motor vehicle portal created
345345 pursuant to § 55-31-104 is operational and available for use, if the owner of a
346346 motor vehicle is not present at the time the motor vehicle is towed, then within
347347 one (1) hour of a person towing the motor vehicle pursuant to this chapter, such
348348 person must notify the law enforcement agency with jurisdiction over the location
349349 from which the motor vehicle was towed of the vehicle identification number
350350
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354354 (VIN), registration information, if available, license plate number, a description of
355355 the vehicle, the location of the tow, and the location where the motor vehicle will
356356 be stored. A law enforcement agency shall keep a record of all information
357357 required by this subsection (d) and must make the information available for public
358358 inspection.
359359 (2) On or after ninety (90) days after the motor vehicle portal created
360360 pursuant to § 55-31-104 is operational and available for use, if the owner of a
361361 motor vehicle is not present at the time the motor vehicle is towed, then within
362362 one (1) hour of a person towing the motor vehicle pursuant to this chapter, such
363363 person must enter the VIN, registration information, if available, license plate
364364 number, a description of the vehicle, the location of the tow, and the location
365365 where the motor vehicle will be stored into the motor vehicle portal.
366366 55-31-205. Storage of vehicles.
367367 (a) Notwithstanding this part or title 66, chapter 19, part 1, a garagekeeper shall
368368 not store a motor vehicle unless the garagekeeper first obtains the express written
369369 authorization for storage of the motor vehicle from a law enforcement officer with
370370 appropriate jurisdiction, the owner of the motor vehicle or authorized agent of the owner
371371 of the motor vehicle, or the owner or the authorized agent of the owner of the private
372372 property from which the motor vehicle was towed. The authorization must include all of
373373 the information required by § 66-19-103(d).
374374 (b) This section and § 66-19-103(b) do not apply to new or used motor vehicle
375375 dealers licensed under chapter 17 of this title.
376376 55-31-206. Towing firm referral fees.
377377 (a) Notwithstanding this chapter to the contrary, a towing company shall not
378378 make, confer, or offer any payment or other pecuniary benefit to an owner or manager of
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383383 property from which the company has towed a motor vehicle with the intent of rewarding
384384 the owner or manager for referring the vehicle for towing.
385385 (b) Notwithstanding this chapter to the contrary, an owner or manager of
386386 property from which a towing company has towed a motor vehicle shall not solicit or
387387 receive any payment or other pecuniary benefit from a towing company in exchange for
388388 referring a vehicle for towing to the company.
389389 55-31-207. Fees.
390390 (a) Except as otherwise provided in this section, a garagekeeper shall not
391391 charge the owner or lienholder of a stored motor vehicle a storage fee for a period
392392 exceeding twenty-one (21) days without the consent of the owner or lienholder, unless
393393 the owner or lienholder has been notified that the motor vehicle is available to be
394394 released from the garagekeeper and the owner or lienholder refuses to retrieve the
395395 motor vehicle.
396396 (b) A garagekeeper shall not charge a storage fee for any day on which the
397397 motor vehicle is not available for release to the owner, lienholder, or insurer, unless the
398398 failure to release is based on a hold placed on the motor vehicle by law enforcement.
399399 (c) Upon provision of documentation from an insurer or lienholder showing its
400400 right to take custody of a motor vehicle, a garagekeeper shall release the motor vehicle
401401 to the insurer or lienholder, or an authorized agent or representative for such insurer or
402402 lienholder, upon the insurer's or lienholder's payment of reasonable charges due, without
403403 requiring additional consent from the owner of the motor vehicle. The insurer or
404404 lienholder shall indemnify and hold harmless the releasing person from any action,
405405 cause of action, claim, judgment, loss, liability, damage, or cost that it may incur due to
406406 wrongful release of the motor vehicle to an authorized agent or representative of the
407407 insurer or lienholder.
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412412 (d)
413413 (1) Prior to ninety (90) days after the motor vehicle portal created
414414 pursuant to § 55-31-104 is operational and available for use, a garagekeeper
415415 may charge a storage fee for a period exceeding twenty-one (21) days if the last
416416 known registered owner of the motor vehicle and all lienholders of record are
417417 notified using a national delivery carrier that provides electronic tracking of the
418418 intent to charge a storage fee for a period to exceed twenty-one (21) days. The
419419 notice must be given at least ten (10) days prior to the imposition of any
420420 additional storage fee.
421421 (2) On or after ninety (90) days after the motor vehicle portal created
422422 pursuant to § 55-31-104 is operational and available for use, a garagekeeper
423423 may charge a storage fee for a period exceeding twenty-one (21) days if the
424424 garagekeeper notifies all registered owners of the motor vehicle and all
425425 lienholders of record of the intent to charge a storage fee for a period to exceed
426426 twenty-one (21) days via the online motor vehicle portal.
427427 (e) A garagekeeper, whether as the principal business of the garagekeeper or
428428 incidental to the garagekeeper's principal business, shall not charge a person for the
429429 towing or storage of a motor vehicle that was towed or stored without the express written
430430 authorization of the owner of the motor vehicle to tow or store:
431431 (1) A fee charged at a higher rate than the maximum fee that has been
432432 approved by the Tennessee highway patrol district to be charged for the same
433433 service by persons engaged in a business described in this section;
434434 (2) A gate, access, or release fee during normal business hours for any
435435 day during which daily storage is also being charged; or
436436 (3) A release fee of more than one hundred dollars ($100).
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441441 55-31-301. Law Enforcement – abandoned or immobile motor vehicle – motor
442442 vehicle used in curbstoning.
443443 (a) A law enforcement agency may take into custody, or utilize a garagekeeper
444444 to take into custody, a motor vehicle found abandoned, immobile, or used in curbstoning,
445445 or the agency may provide notice that the motor vehicle is abandoned, immobile, or
446446 being used in curbstoning prior to taking the motor vehicle into custody, or utilizing a
447447 garagekeeper to take the motor vehicle into custody; provided, that a motor vehicle used
448448 in curbstoning on residential property must not be taken into custody unless the law
449449 enforcement agency provides notice on the motor vehicle at least forty-eight (48) hours
450450 prior to the seizure.
451451 (b)
452452 (1) Prior to ninety (90) days after the motor vehicle portal created
453453 pursuant to § 55-31-104 is operational and available for use, a law enforcement
454454 agency or other public agency taking possession of a motor vehicle pursuant to
455455 this section must:
456456 (A) Within three (3) business days after taking the motor vehicle
457457 into custody, verify ownership of the motor vehicle through the Tennessee
458458 Information Enforcement System (TIES). If a public agency attempts to
459459 verify ownership information through TIES and the response is Not on
460460 File, then the agency shall contact the department of revenue title and
461461 registration division, which must search records not contained in TIES for
462462 the ownership information. If the title and registration division locates
463463 ownership information through this search, then the division must notify
464464 the appropriate public agency and the agency must distribute the
465465 information as provided in this subdivision (b)(1);
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470470 (B) Provide the ownership information obtained in subdivision
471471 (b)(1)(A) to the garagekeeper responsible for towing or storing the motor
472472 vehicle; and
473473 (C) Within three (3) business days after receiving verification of
474474 ownership pursuant to subdivision (b)(1)(A), send notice to the last known
475475 registered owner of the motor vehicle and all lienholders of record that the
476476 vehicle has been taken into custody.
477477 (2) On or after ninety (90) days after the motor vehicle portal created
478478 pursuant to § 55-31-104 is operational and available for use, a law enforcement
479479 agency or other public agency taking possession of a motor vehicle pursuant to
480480 this section must:
481481 (A) Within one (1) hour after taking the motor vehicle into custody,
482482 verify ownership of the motor vehicle through the online motor vehicle
483483 portal; and
484484 (B) Provide the ownership information obtained in subdivision
485485 (b)(2)(A) to the garagekeeper responsible for towing or storing the motor
486486 vehicle.
487487 (c)
488488 (1) The owner or lienholder of an abandoned or immobile motor vehicle
489489 may appeal a determination that a motor vehicle is abandoned or immobile. If
490490 the owner or lienholder of an abandoned or immobile motor vehicle fails to
491491 appeal an action or determination or fails to remove the motor vehicle within
492492 twenty (20) days from receipt of the notice that a motor vehicle is abandoned or
493493 immobile, then the law enforcement agency or other public agency may take the
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498498 motor vehicle into custody at any time, including by utilizing a garagekeeper to
499499 take the motor vehicle into custody, and no other notice is required.
500500 (2) If the owner or lienholder of an abandoned or immobile motor vehicle
501501 that has not been taken into custody by a law enforcement agency pursuant to
502502 subdivision (c)(1) appeals, then the law enforcement agency shall not take the
503503 motor vehicle into custody while the appeal is pending.
504504 (d) Any notice required by subsection (a) must:
505505 (1) Be written in plain language;
506506 (2) Contain the year, make, model, and vehicle identification number of
507507 the motor vehicle, if ascertainable;
508508 (3) Provide the location of the motor vehicle if the motor vehicle has been
509509 taken into custody, or provide a statement advising the owner that the law
510510 enforcement agency will take the abandoned, immobile, or unattended vehicle
511511 into custody in no less than twenty (20) days from the date of receipt of the
512512 notice, unless the owner appeals the determination by the law enforcement
513513 agency that the vehicle is abandoned or immobile, or the owner removes the
514514 vehicle from the property within the twenty-day period;
515515 (4) Inform the owner and any lienholders of the right to reclaim the motor
516516 vehicle within twenty (20) days after the date of receipt of the notice, upon
517517 payment of all towing, preservation, and storage charges resulting from placing
518518 the vehicle in custody; and
519519 (5) State that the failure of the owner or lienholders to exercise the right
520520 to reclaim the vehicle will be deemed a waiver by the owner and all lienholders of
521521 all right, title, and interest in the vehicle and consent to the demolition of the
522522 vehicle or its sale at a public auction.
523523
524524
525525 - 19 - 001094
526526
527527 (e) A law enforcement agency may employ its own personnel, equipment, and
528528 facilities or hire persons, equipment, and facilities for the purpose of removing,
529529 preserving, and storing motor vehicles that are abandoned, immobile, unattended, or
530530 used in curbstoning.
531531 (f) A motor vehicle used in curbstoning is subject to seizure and forfeiture in the
532532 same manner as provided by law for seizure and forfeiture of other items under title 40,
533533 chapter 33.
534534 (g) Notwithstanding another law to the contrary, this section does not limit a local
535535 government's initiative for more restrictive requirements regarding the sale of curbstoned
536536 vehicles.
537537 (h) A law enforcement agency requesting another person to tow a motor vehicle
538538 pursuant to this section must provide the authorization required pursuant to § 55-31-
539539 204(a)(3) to the person to tow prior to requesting the tow.
540540 55-31-302. Notice.
541541 (a)
542542 (1) Prior to ninety (90) days after the motor vehicle portal created
543543 pursuant to § 55-31-104 is operational and available for use, when any person
544544 other than a law enforcement agency or other public agency takes possession of
545545 a motor vehicle found abandoned or immobile, the action must be reported
546546 immediately to the department of revenue taxpayer and vehicle services division
547547 for verification of ownership on a form prescribed and provided by the registrar of
548548 motor vehicles.
549549 (2) On or after ninety (90) days after the motor vehicle portal created
550550 pursuant to § 55-31-104 is operational and available for use, when any person
551551 other than a law enforcement agency or other public agency takes possession of
552552
553553
554554 - 20 - 001094
555555
556556 a motor vehicle found abandoned or immobile, the action must be reported to the
557557 online motor vehicle portal.
558558 (b)
559559 (1) In addition to the notification requirements of § 55-31-301 and
560560 subsection (a), a garagekeeper that has in its possession an abandoned or
561561 immobile motor vehicle taken into custody by any person shall, within three (3)
562562 business days after the motor vehicle is taken into its possession, verify
563563 ownership of the motor vehicle. The garagekeeper shall, within three (3)
564564 business days after receiving verification of ownership, provide notice to the last
565565 known registered owner of the motor vehicle and all lienholders of record. The
566566 notification requirements included in subsection (a) apply to the notice required to
567567 be provided by a garagekeeper pursuant to this subdivision (b)(1).
568568 (2) A garagekeeper that does not verify ownership of a motor vehicle
569569 within three (3) business days after taking possession of the motor vehicle
570570 pursuant to this section or that does not notify in the manner required by
571571 subsection (a) the owner of the motor vehicle within three (3) business days after
572572 receiving verification of ownership from the appropriate state department or
573573 agency shall not receive more than six (6) days of storage-related expenses. A
574574 garagekeeper that is found by a court of competent jurisdiction to have failed to
575575 release a motor vehicle upon the presentment of payment for towing and storage
576576 expenses is subject to civil liability to the motor vehicle owner, secured creditor,
577577 lessor, or lienholder who prevails in an action brought under this section for
578578 reasonable costs and attorney's fees incurred by the person instituting the action.
579579 (3) If the owner of the motor vehicle or the owner's agent is present at the
580580 time a garagekeeper commences towing the owner's or agent's motor vehicle,
581581
582582
583583 - 21 - 001094
584584
585585 then this subsection (b) does not apply to the garagekeeper; provided, however,
586586 that this subdivision (b)(3) does not exempt the garagekeeper from any other
587587 notification requirements under this section or another provision of law.
588588 55-31-303. Auctions and auctioneers.
589589 (a) If an abandoned or immobile motor vehicle has not been reclaimed as
590590 provided for in § 55-31-301 or § 55-31-302, then the law enforcement agency or
591591 garagekeeper must sell the abandoned or immobile motor vehicle at a public auction.
592592 (b) The purchaser of the motor vehicle takes title to the motor vehicle free and
593593 clear of all liens and claims of ownership, must receive a sales receipt from the law
594594 enforcement agency, and, upon presentation of the sales receipt, the department of
595595 revenue shall issue a certificate of title to the purchaser.
596596 (c) The sales receipt only is sufficient title for purposes of transferring the motor
597597 vehicle to a demolisher for demolition, wrecking, or dismantling, and, in this case, further
598598 titling of the motor vehicle is not necessary.
599599 (d) The proceeds of the sale of an abandoned or immobile motor vehicle must
600600 be used for payment of the expenses of the auction, the costs of towing, preserving, and
601601 storing the abandoned or immobile motor vehicle, and all notice and publication costs,
602602 including costs to post the motor vehicle on the motor vehicle portal, incurred pursuant to
603603 § 55-31-301 or § 55-31-302.
604604 (e) Any remainder from the proceeds of a sale must be held by the law
605605 enforcement agency for the owner of the motor vehicle or entitled lienholder for sixty (60)
606606 days from the date of the sale, and then must be deposited in a special fund that must
607607 remain available for the payment of auction, towing, preserving, storage, and all notice
608608 and publication costs, including costs to post the motor vehicle on the motor vehicle
609609 portal, that result from placing other abandoned or immobile vehicles in custody,
610610
611611
612612 - 22 - 001094
613613
614614 whenever the proceeds from a sale of other abandoned or immobile motor vehicles are
615615 insufficient to meet these expenses and costs.
616616 55-31-304. Garagekeepers.
617617 (a) Notwithstanding this chapter to the contrary, the law enforcement agency
618618 through its chief officer, after complying with § 55-31-301, may execute a written waiver
619619 of its right to sell a vehicle taken into custody under this chapter in favor of a
620620 garagekeeper in whose possession the vehicle was lawfully placed by the law
621621 enforcement agency under this chapter. If a garagekeeper has made repairs to a
622622 vehicle for which a waiver has been executed, then the garagekeeper may proceed to
623623 enforce the lien as provided in § 66-19-103. If the garagekeeper has not made repairs
624624 to a vehicle for which a waiver has been executed, then the garagekeeper may proceed
625625 to sell the vehicle in accordance with the procedure established in § 55-31-303.
626626 (b) As to third-party purchasers, the sale of the abandoned or immobile vehicle
627627 is valid, but the garagekeeper shall sell the vehicle in a commercially reasonable
628628 manner.
629629 (c) A person injured as a result of a violation of subsection (b) is entitled to
630630 maintain a private right of action for injunctive relief and to recover actual damages,
631631 compensatory damages, punitive damages, and reasonable attorney's fees against an
632632 alleged violator.
633633 55-31-305. Demolishers.
634634 (a) A person upon whose property or in whose possession is found an
635635 abandoned or immobile motor vehicle, or a person being the owner of a motor vehicle
636636 whose title certificate is faulty, lost, or destroyed, may apply to the law enforcement
637637 agency of the jurisdiction in which the vehicle is situated for authority to sell, give away,
638638 or dispose of the vehicle to a demolisher.
639639
640640
641641 - 23 - 001094
642642
643643 (b) The application must set out the name and address of the applicant, the
644644 year, make, model, and vehicle identification number of the motor vehicle, if
645645 ascertainable, together with any other identifying features, and must contain a concise
646646 statement of the facts surrounding the abandonment, or that the title of the motor vehicle
647647 is lost or destroyed, or the reasons for the defect of title. The applicant must execute an
648648 affidavit stating that the facts alleged therein are true and that no material fact has been
649649 withheld.
650650 (c) If the law enforcement agency finds that the application is executed in proper
651651 form and shows that the motor vehicle has been abandoned or immobile upon the
652652 property of the applicant, or if it shows that the motor vehicle is not reported stolen and is
653653 not abandoned or immobile but that the applicant appears to be the rightful owner, then
654654 the law enforcement agency shall follow the notification procedures set forth in § 55-31-
655655 301 or § 55-31-302.
656656 (d) If an abandoned or immobile motor vehicle is not reclaimed in accordance
657657 with § 55-31-301 or § 55-31-302, then the law enforcement agency shall give the
658658 applicant a certificate of authority to sell the motor vehicle to any demolisher for
659659 demolition, wrecking, or dismantling. The demolisher shall accept the certificate in lieu
660660 of the certificate of title to the motor vehicle.
661661 (e) Notwithstanding this part to the contrary, a person upon whose property or in
662662 whose possession is found an abandoned or immobile motor vehicle, or the owner of a
663663 motor vehicle whose title certificate is faulty, lost, or destroyed, may dispose of the motor
664664 vehicle to a demolisher without the motor vehicle's title and without the notification
665665 procedures of § 55-31-301 or § 55-31-302, if the motor vehicle is over ten (10) years old
666666 and has no engine or is otherwise totally inoperable.
667667 (f)
668668
669669
670670 - 24 - 001094
671671
672672 (1) If a vehicle has an engine, and is properly licensed but otherwise fits
673673 the description of this section, then such vehicle left on a public highway or street
674674 and towed at the direction of local or state law enforcement officials must be held
675675 at least ten (10) days. If, at the end of that period, no claim has been received
676676 for the vehicle, then the vehicle may be disposed of in accordance with this
677677 section.
678678 (2) Subdivision (f)(1) does not apply in counties with a metropolitan form
679679 of government, in which counties subsection (e) remains in full force and effect.
680680 55-31-306. Demolishers - Surrender of certificate of title or auction sales receipt
681681 for cancelation - Records and recordation.
682682 (a) A demolisher who purchases or otherwise acquires a motor vehicle for
683683 purposes of wrecking, dismantling, or demolition is not required to obtain a certificate of
684684 title for the motor vehicle in the demolisher's name. After the motor vehicle has been
685685 demolished, processed, or changed so that it physically is no longer a motor vehicle, the
686686 demolisher shall make the required notification to the National Motor Vehicle Title
687687 Information System and surrender for cancelation the certificate of title or auction sales
688688 receipt. The department of revenue taxpayer and vehicle services division shall issue
689689 forms and rules governing the surrender of auction sales receipts and certificates of title
690690 as are appropriate.
691691 (b) A demolisher shall keep an accurate and complete record of all motor
692692 vehicles purchased or received in the course of the demolisher's business. The records
693693 must contain the name and address of the person from whom each motor vehicle was
694694 purchased or received, the date when the purchase or receipt occurred, and the date
695695 reported to the National Motor Vehicle Title Information System. The demolisher shall
696696 make the records open for inspection by any law enforcement agency at any time during
697697
698698
699699 - 25 - 001094
700700
701701 normal business hours. A record required by this section must be kept by the
702702 demolisher for at least one (1) year after the date of the transaction to which it applies.
703703 SECTION 2. Tennessee Code Annotated, Section 66-14-104, is amended by
704704 designating the current language as subsection (a) and adding the following language:
705705 (b) On or after ninety (90) days after the motor vehicle portal created pursuant to
706706 § 55-31-104 is operational and available for use, in the event the good is a motor vehicle
707707 or another good requiring a certificate of title pursuant to title 55, the newspaper
708708 advertisement is not required, and the public sale notice must be posted through the
709709 online motor vehicle portal created pursuant to § 55-31-104 and must contain the year;
710710 make; model; license plate number; vehicle identification number, if applicable; and the
711711 time and date of the sale of the motor vehicle.
712712 SECTION 3. Tennessee Code Annotated, Section 66-19-103(b)(1)(A), is amended by
713713 deleting subdivision (i) and substituting:
714714 (i) Is only required to advertise the sale on the motor vehicle portal developed
715715 pursuant to § 55-31-104; and
716716 SECTION 4. Tennessee Code Annotated, Section 66-19-103(b)(1)(B), is amended by
717717 deleting the language "a nationally recognized overnight delivery carrier, other than the United
718718 States postal service, requesting proof of delivery" and substituting instead " a national delivery
719719 carrier that provides electronic tracking".
720720 SECTION 5. Tennessee Code Annotated, Section 66-19-103(b)(6), is amended by
721721 deleting "§ 55-32-308" and substituting "§ 55-31-205".
722722 SECTION 6. Tennessee Code Annotated, Section 66-19-103(c), is amended by
723723 deleting "chapter 32" and substituting "chapter 31".
724724 SECTION 7. Tennessee Code Annotated, Section 47-18-104(b)(65), is amended by
725725 deleting "§ 55-31-204" and substituting "§ 55-31-202".
726726
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728728 - 26 - 001094
729729
730730 SECTION 8. Tennessee Code Annotated, Section 47-18-104(b)(66), is amended by
731731 deleting "§ 55-31-307" and substituting "§ 55-31-204".
732732 SECTION 9. The headings in this act are for reference purposes only and do not
733733 constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
734734 requested to include the headings in any compilation or publication containing this act.
735735 SECTION 10. Upon receipt by the Tennessee Code Commission of the written notice
736736 from the Commissioner of Revenue pursuant to § 55-31-104(f), which includes the date that is
737737 ninety (90) days after the motor vehicle portal becomes operational and available for use, the
738738 Commission is requested to update the Code to reflect that date in §§ 55-31-104(b), 55-31-
739739 204(d), 55-31-207(d), 55-31-301(b), 55-31-302(a) and 66-14-104(b).
740740 SECTION 11. This act takes effect upon becoming a law, the public welfare requiring it.