| 1 | 1 | | BILL AS INTRODUCED H.329 |
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| 5 | 5 | | VT LEG #380255 v.2 |
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| 6 | 6 | | H.329 1 |
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| 7 | 7 | | Introduced by Representative Rachelson of Burlington 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Motor vehicles; involuntary towing and storage; abandoned vehicles; 5 |
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| 11 | 11 | | consumer protection 6 |
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| 12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to establish 7 |
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| 13 | 13 | | certain consumer protections related to the towing and storage of abandoned 8 |
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| 14 | 14 | | motor vehicles. 9 |
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| 15 | 15 | | An act relating to the towing and storage of abandoned motor vehicles 10 |
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| 16 | 16 | | It is hereby enacted by the General Assembly of the State of Vermont: 11 |
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| 17 | 17 | | Sec. 1. 23 V.S.A. § 2151 is amended to read: 12 |
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| 18 | 18 | | § 2151. DEFINITIONS 13 |
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| 19 | 19 | | As used in this subchapter: 14 |
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| 20 | 20 | | (1)(A) “Abandoned motor vehicle” means: 15 |
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| 21 | 21 | | (i) a motor vehicle that has remained on public or private property 16 |
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| 22 | 22 | | or on or along a highway for more than 48 96 hours without the consent of the 17 |
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| 23 | 23 | | owner or person in control of the property and has a valid registration plate or 18 |
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| 24 | 24 | | public vehicle identification number that has not been removed, destroyed, or 19 |
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| 25 | 25 | | altered; or 20 BILL AS INTRODUCED H.329 |
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| 30 | 30 | | (ii) a motor vehicle that has remained on public or private property 1 |
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| 31 | 31 | | or on or along a highway without the consent of the owner or person in control 2 |
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| 32 | 32 | | of the property for any period of time if: 3 |
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| 33 | 33 | | (I) the vehicle does not have a valid registration plate or the 4 |
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| 34 | 34 | | public vehicle identification number has been removed, destroyed, or altered; 5 |
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| 35 | 35 | | or 6 |
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| 36 | 36 | | (II) a law enforcement officer has requested that the vehicle be 7 |
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| 37 | 37 | | removed by a towing business. 8 |
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| 38 | 38 | | (B) “Abandoned motor vehicle” does not include: 9 |
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| 39 | 39 | | (i) a vehicle or other equipment used or to be used in construction 10 |
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| 40 | 40 | | or in the operation or maintenance of highways or public utility facilities, 11 |
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| 41 | 41 | | which is left in a manner that does not interfere with the normal movement of 12 |
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| 42 | 42 | | traffic; or 13 |
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| 43 | 43 | | (ii) a vehicle that is towed from a private tow-away zone. 14 |
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| 44 | 44 | | * * * 15 |
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| 45 | 45 | | Sec. 2. 23 V.S.A. § 2152 is amended to read: 16 |
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| 46 | 46 | | § 2152. AUTHORIZED REMOVAL OF ABANDONED MOTOR 17 |
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| 47 | 47 | | VEHICLES 18 |
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| 48 | 48 | | (a) Public property. A law enforcement officer is authorized to remove or 19 |
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| 49 | 49 | | cause removal of an abandoned motor vehicle from public property, and may 20 BILL AS INTRODUCED H.329 |
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| 53 | 53 | | VT LEG #380255 v.2 |
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| 54 | 54 | | contact a towing service for its removal, based upon personal observation by 1 |
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| 55 | 55 | | the officer that the vehicle is an abandoned motor vehicle. 2 |
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| 56 | 56 | | (b) Private property. 3 |
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| 57 | 57 | | (1) A law enforcement officer is authorized to remove or cause removal 4 |
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| 58 | 58 | | of an abandoned motor vehicle from private property, and may contact a 5 |
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| 59 | 59 | | towing service for its removal, based upon the request of the landowner on 6 |
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| 60 | 60 | | whose property the vehicle is located and information indicating that the 7 |
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| 61 | 61 | | vehicle is an abandoned motor vehicle. 8 |
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| 62 | 62 | | (2) A landowner of private property is authorized to remove or cause 9 |
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| 63 | 63 | | removal of an abandoned motor vehicle from that property or to any other 10 |
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| 64 | 64 | | place on any property of the landowner, and may contact a towing service for 11 |
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| 65 | 65 | | its removal. A landowner who removes or causes removal of an abandoned 12 |
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| 66 | 66 | | motor vehicle shall immediately notify the police agency in the jurisdiction 13 |
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| 67 | 67 | | from which the vehicle is removed and provide the registration plate number, 14 |
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| 68 | 68 | | the public vehicle identification number, if available, and the make, model, and 15 |
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| 69 | 69 | | color of the vehicle. The landowner may remove the vehicle from the place 16 |
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| 70 | 70 | | where it is discovered to any other place on any property owned by him or her 17 |
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| 71 | 71 | | the landowner, or cause the vehicle to be removed by a towing service under 18 |
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| 72 | 72 | | the provisions of this subsection, without incurring any civil liability to the 19 |
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| 73 | 73 | | owner of the abandoned vehicle. 20 BILL AS INTRODUCED H.329 |
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| 78 | 78 | | (c) Record of caller. 1 |
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| 79 | 79 | | (1) If a towing service is summoned to tow an abandoned motor vehicle 2 |
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| 80 | 80 | | by the landowner of private property, the towing service shall record the first 3 |
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| 81 | 81 | | name, last name, and telephone number of the individual who summoned it to 4 |
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| 82 | 82 | | the scene and the make, model, year, color, vehicle identification number 5 |
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| 83 | 83 | | (VIN), and license plate number of the towed vehicle. 6 |
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| 84 | 84 | | (2) If a towing company is summoned to tow an abandoned motor 7 |
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| 85 | 85 | | vehicle by a law enforcement officer, the towing service shall record the 8 |
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| 86 | 86 | | identity of the law enforcement officer and the log number, call number, 9 |
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| 87 | 87 | | incident number, or dispatch number assigned to the incident as applicable. 10 |
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| 88 | 88 | | (d) Visual documentation. Prior to towing a vehicle under this section, a 11 |
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| 89 | 89 | | towing service shall take photographs, video, or other visual documentation to 12 |
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| 90 | 90 | | evidence the location of the vehicle and any damages. 13 |
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| 91 | 91 | | (e) Record retention and production. 14 |
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| 92 | 92 | | (1) The towing service shall maintain a record of the information 15 |
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| 93 | 93 | | described in subsections (c) and (d) of this section and shall retain that 16 |
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| 94 | 94 | | information for three years from the date on which it tows the vehicle. 17 |
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| 95 | 95 | | (2) The towing service shall make the records required to be maintained 18 |
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| 96 | 96 | | under subdivision (1) of this subsection available within 48 hours after receipt 19 |
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| 97 | 97 | | of a written request from law enforcement or the Department of Motor 20 |
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| 98 | 98 | | Vehicles. 21 BILL AS INTRODUCED H.329 |
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| 102 | 102 | | VT LEG #380255 v.2 |
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| 103 | 103 | | (f) Storage. The towing service shall properly secure all towed vehicles 1 |
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| 104 | 104 | | and make all reasonable efforts to prevent further damage, weather damage, or 2 |
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| 105 | 105 | | theft to all towed vehicles, including the vehicle’s cargo and contents. 3 |
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| 106 | 106 | | (g) Recovery of personal items. 4 |
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| 107 | 107 | | (1) The towing service shall promptly allow the vehicle owner, or with 5 |
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| 108 | 108 | | the vehicle owner’s written authorization the vehicle owners’ spouse, child, 6 |
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| 109 | 109 | | sibling, or parent, to recover the following personal items from a towed vehicle 7 |
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| 110 | 110 | | prior to the payment of charges for the towing and storage of the vehicle: 8 |
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| 111 | 111 | | (A) child restraint systems, as defined in 49 C.F.R. § 571.213, or 9 |
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| 112 | 112 | | child booster seats; 10 |
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| 113 | 113 | | (B) eyeglasses; 11 |
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| 114 | 114 | | (C) food; 12 |
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| 115 | 115 | | (D) medicine; 13 |
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| 116 | 116 | | (E) personal medical and health care devices; 14 |
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| 117 | 117 | | (F) hearing aids; 15 |
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| 118 | 118 | | (G) perishable property; 16 |
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| 119 | 119 | | (H) operator’s licenses or privilege cards; 17 |
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| 120 | 120 | | (I) Social Security card or other identifying document; 18 |
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| 121 | 121 | | (J) cash, credit cards, checks, or checkbooks; 19 BILL AS INTRODUCED H.329 |
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| 126 | 126 | | (K) wallet, purse, or other item containing an operator’s license or 1 |
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| 127 | 127 | | privilege card, cash, credit card, check, checkbook, Social Security card, 2 |
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| 128 | 128 | | identifying document; and 3 |
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| 129 | 129 | | (L) higher education textbooks and study materials. 4 |
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| 130 | 130 | | (2) The towing service shall promptly allow an individual other than the 5 |
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| 131 | 131 | | vehicle owner to recover any of the individual’s personal property from the 6 |
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| 132 | 132 | | vehicle if the individual provides adequate proof that the property belongs to 7 |
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| 133 | 133 | | the individual. 8 |
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| 134 | 134 | | (h) Hearing on vehicle removal. 9 |
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| 135 | 135 | | (1) A vehicle owner may file a petition in the Superior Court for the 10 |
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| 136 | 136 | | county in which the owner resides or in which the owner’s motor vehicle is 11 |
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| 137 | 137 | | located, to: 12 |
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| 138 | 138 | | (A) contest whether the owner’s vehicle was an abandoned motor 13 |
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| 139 | 139 | | vehicle at the time of its removal pursuant to subsection (a) or (b) of this 14 |
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| 140 | 140 | | section; 15 |
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| 141 | 141 | | (B) determine the reasonableness of any fees or charges assessed 16 |
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| 142 | 142 | | pursuant to section 2155 of this subchapter; 17 |
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| 143 | 143 | | (C) seek compensation for any damages to the owner’s vehicle or 18 |
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| 144 | 144 | | damage to or loss of personal property in the vehicle; and 19 BILL AS INTRODUCED H.329 |
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| 148 | 148 | | VT LEG #380255 v.2 |
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| 149 | 149 | | (D) seek relief from any charges or fees related to the towing or 1 |
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| 150 | 150 | | storage of the vehicle that were assessed in violation of the provisions of 2 |
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| 151 | 151 | | section 2155 of this subchapter. 3 |
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| 152 | 152 | | (2) Notice of the hearing shall be provided to the towing service, the 4 |
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| 153 | 153 | | municipality if the vehicle was removed from public property, the private 5 |
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| 154 | 154 | | property owner if the vehicle was removed from private property, and any 6 |
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| 155 | 155 | | known lienholder for the vehicle. 7 |
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| 156 | 156 | | (3) The court may award relief as it determines to be appropriate to a 8 |
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| 157 | 157 | | vehicle owner who prevails in an action brought under this subsection, 9 |
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| 158 | 158 | | including: 10 |
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| 159 | 159 | | (A) injunctive relief, including release of the vehicle or a reduction in 11 |
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| 160 | 160 | | fees or charges assessed in relation to the removal, towing, or storage of the 12 |
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| 161 | 161 | | vehicle; 13 |
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| 162 | 162 | | (B) actual damages; 14 |
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| 163 | 163 | | (C) costs and reasonable attorney’s fees; and 15 |
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| 164 | 164 | | (D) other appropriate relief. 16 |
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| 165 | 165 | | Sec. 3. 23 V.S.A. § 2154 is amended to read: 17 |
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| 166 | 166 | | § 2154. IDENTIFICATION AND RECLAMATION OF ABANDONED 18 |
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| 167 | 167 | | MOTOR VEHICLES 19 |
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| 168 | 168 | | (a) The Department shall make a reasonable attempt to locate and provide 20 |
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| 169 | 169 | | notice to an owner of an abandoned motor vehicle. 21 BILL AS INTRODUCED H.329 |
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| 172 | 172 | | |
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| 173 | 173 | | VT LEG #380255 v.2 |
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| 174 | 174 | | (1)(A) If the abandoned motor vehicle is not identifiable by its 1 |
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| 175 | 175 | | registration plates or public vehicle identification number, and if the 2 |
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| 176 | 176 | | Department shall not more than 10 days after the date of the receipt of the 3 |
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| 177 | 177 | | abandoned motor vehicle form publish a notice containing the following 4 |
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| 178 | 178 | | information in a newspaper of general circulation in the county where the 5 |
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| 179 | 179 | | motor vehicle was abandoned: 6 |
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| 180 | 180 | | (i) a description of the vehicle, including the color, year, make, 7 |
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| 181 | 181 | | and model; 8 |
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| 182 | 182 | | (ii) a statement that if the owner of the vehicle cannot be 9 |
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| 183 | 183 | | determined within the time period established pursuant to subdivision (B) of 10 |
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| 184 | 184 | | this subdivision (a)(1), the Commissioner will issue a certificate of abandoned 11 |
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| 185 | 185 | | motor vehicle with an appropriate title or salvage title; and 12 |
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| 186 | 186 | | (iii) information regarding how the towing service storing the 13 |
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| 187 | 187 | | vehicle can be contacted to claim the vehicle. 14 |
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| 188 | 188 | | (B) If no owner can be determined within 21 days after the date of 15 |
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| 189 | 189 | | receipt of the abandoned motor vehicle certification form, the Commissioner 16 |
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| 190 | 190 | | shall issue a certificate of abandoned motor vehicle with an appropriate title or 17 |
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| 191 | 191 | | salvage title. 18 |
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| 192 | 192 | | * * * 19 |
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| 193 | 193 | | (3) The Department shall maintain and keep current on its website a list 20 |
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| 194 | 194 | | of vehicles for which an application for a certificate of abandoned motor 21 BILL AS INTRODUCED H.329 |
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| 197 | 197 | | |
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| 198 | 198 | | VT LEG #380255 v.2 |
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| 199 | 199 | | vehicle has been filed and contact information for Department personnel to 1 |
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| 200 | 200 | | whom evidence of ownership may be presented under subsection (b) of this 2 |
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| 201 | 201 | | section. At a minimum, the list shall include the vehicle’s make; registration 3 |
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| 202 | 202 | | plate number or public vehicle identification number, or both if available; 4 |
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| 203 | 203 | | model; model year; and the name and contact information of the person who 5 |
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| 204 | 204 | | applied for the certificate of abandoned motor vehicle. 6 |
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| 205 | 205 | | (b) An owner or lienholder may reclaim an abandoned motor vehicle by 7 |
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| 206 | 206 | | presenting to the Department satisfactory evidence of ownership, and paying or 8 |
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| 207 | 207 | | reimbursing, or making arrangements to pay or reimburse, the towing agency, 9 |
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| 208 | 208 | | the Department, or the landowner, as the case may be, any towing fee or 10 |
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| 209 | 209 | | storage charges permitted under section 2155 of this title. 11 |
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| 210 | 210 | | Sec. 4. 23 V.S.A. § 2155 is amended to read: 12 |
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| 211 | 211 | | § 2155. FEES AND CHARGES 13 |
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| 212 | 212 | | (a) Towing fees. For towing an abandoned motor vehicle from private 14 |
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| 213 | 213 | | property, a towing service may charge a reasonable fee that is not more than 15 |
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| 214 | 214 | | $130.00 or $4.50 per mile towed, whichever is greater, to be paid by the 16 |
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| 215 | 215 | | vehicle owner or the landowner of the private property. 17 |
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| 216 | 216 | | (b) Storage charges. In addition to any towing fee, an owner or lienholder 18 |
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| 217 | 217 | | reclaiming an abandoned motor vehicle may be charged and shall pay a fee for 19 |
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| 218 | 218 | | the costs of storage of the vehicle that is not more than $35.00 per day, except 20 |
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| 219 | 219 | | that no fee may be charged for storage for any period preceding the date upon 21 BILL AS INTRODUCED H.329 |
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| 222 | 222 | | |
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| 223 | 223 | | VT LEG #380255 v.2 |
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| 224 | 224 | | which the form for abandoned motor vehicle certification is sent to the 1 |
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| 225 | 225 | | Department. 2 |
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| 226 | 226 | | Sec. 5. ABANDONED MOTOR VEHICLE S; WORKING GROUP; 3 |
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| 227 | 227 | | REPORT 4 |
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| 228 | 228 | | (a) Creation. There is created the Abandoned Motor Vehicle Working 5 |
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| 229 | 229 | | Group to develop an equitable system for the disposal and sale of unclaimed, 6 |
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| 230 | 230 | | abandoned motor vehicles. 7 |
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| 231 | 231 | | (b) Membership. The Working Group shall be composed of the following 8 |
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| 232 | 232 | | members: 9 |
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| 233 | 233 | | (1) the Treasurer or designee; 10 |
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| 234 | 234 | | (2) the Commissioner of Motor Vehicles of designee; 11 |
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| 235 | 235 | | (3) the Attorney General or designee; 12 |
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| 236 | 236 | | (4) a representative of municipal government designated by the Vermont 13 |
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| 237 | 237 | | League of Cities and Towns; 14 |
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| 238 | 238 | | (5) a representative of municipal law enforcement designated by the 15 |
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| 239 | 239 | | Vermont Association of Chiefs of Police; and 16 |
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| 240 | 240 | | (6) an individual designated by the Vermont Towing Association to 17 |
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| 241 | 241 | | represent the interests of towing service operators. 18 |
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| 242 | 242 | | (c) Powers and duties. The Working Group shall study the potential for 19 |
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| 243 | 243 | | amending the process for the disposal or sale of unclaimed, abandoned motor 20 |
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| 244 | 244 | | vehicles, including the following: 21 BILL AS INTRODUCED H.329 |
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| 247 | 247 | | |
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| 248 | 248 | | VT LEG #380255 v.2 |
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| 249 | 249 | | (1) the benefits and drawbacks of the current procedure set forth in 1 |
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| 250 | 250 | | Vermont law for: 2 |
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| 251 | 251 | | (A) the removal of abandoned motor vehicles; 3 |
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| 252 | 252 | | (B) identification and location of the owner of an abandoned motor 4 |
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| 253 | 253 | | vehicle; 5 |
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| 254 | 254 | | (C) providing notice to the owner of an abandoned motor vehicle; 6 |
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| 255 | 255 | | and 7 |
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| 256 | 256 | | (D) disposal or sale of an abandoned motor vehicle if the vehicle’s 8 |
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| 257 | 257 | | owner cannot be identified or located or if the vehicle is not claimed; 9 |
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| 258 | 258 | | (2) potential changes to the Vermont statutes to improve the process of 10 |
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| 259 | 259 | | identifying and locating the owner of an abandoned motor vehicle and 11 |
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| 260 | 260 | | providing notice to that owner of the abandoned motor vehicle; 12 |
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| 261 | 261 | | (3) a process for disposing of abandoned motor vehicles with sufficient 13 |
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| 262 | 262 | | value through public auctions; 14 |
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| 263 | 263 | | (4) potential options for the disposal of abandoned motor vehicles that 15 |
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| 264 | 264 | | lack sufficient value to be sold at public auction; 16 |
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| 265 | 265 | | (5) an equitable process for the distribution of any proceeds from the 17 |
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| 266 | 266 | | sale of abandoned motor vehicles at auction, including: 18 |
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| 267 | 267 | | (A) payment of charges and fees related to towing and storage of the 19 |
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| 268 | 268 | | abandoned motor vehicle; 20 |
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| 269 | 269 | | (B) satisfaction of any liens on the abandoned motor vehicle; and 21 BILL AS INTRODUCED H.329 |
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| 273 | 273 | | VT LEG #380255 v.2 |
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| 274 | 274 | | (C) potential options for providing any remaining amounts to the 1 |
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| 275 | 275 | | owner of the abandoned motor vehicle, including the potential for the 2 |
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| 276 | 276 | | Unclaimed Property Division in the Office of the Treasurer to provide 3 |
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| 277 | 277 | | assistance; and 4 |
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| 278 | 278 | | (6) other potential uses for any proceeds from the sale of an abandoned 5 |
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| 279 | 279 | | motor vehicle if the owner of the abandoned motor vehicle cannot be identified 6 |
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| 280 | 280 | | or located. 7 |
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| 281 | 281 | | (d) Assistance. The Working Group shall have the administrative, 8 |
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| 282 | 282 | | technical, and legal assistance of the Office of the Treasurer and the technical 9 |
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| 283 | 283 | | and legal assistance of the Department of Motor Vehicles. 10 |
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| 284 | 284 | | (e) Report. On or before January 15, 2026, the Working Group shall 11 |
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| 285 | 285 | | submit a written report to the House and Senate Committees on Transportation 12 |
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| 286 | 286 | | with its findings and any recommendations for legislative action. 13 |
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| 287 | 287 | | (f) Meetings. 14 |
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| 288 | 288 | | (1) The Treasurer or designee shall call the first meeting of the Working 15 |
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| 289 | 289 | | Group to occur on or before September 1, 2025. 16 |
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| 290 | 290 | | (2) The Treasurer or designee shall be the chair. 17 |
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| 291 | 291 | | (3) A majority of the membership shall constitute a quorum. 18 |
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| 292 | 292 | | (4) The Working Group shall cease to exist on February 15, 2026. 19 |
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| 293 | 293 | | (g) Compensation and reimbursement. Members of the Working Group 20 |
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| 294 | 294 | | who are not otherwise compensated for their attendance at meetings shall be 21 BILL AS INTRODUCED H.329 |
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| 297 | 297 | | |
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| 298 | 298 | | VT LEG #380255 v.2 |
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| 299 | 299 | | entitled to per diem compensation and reimbursement of expenses as permitted 1 |
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| 300 | 300 | | under 32 V.S.A. § 1010 for not more than four meetings. These payments 2 |
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| 301 | 301 | | shall be made from monies appropriated to the Office of the Treasurer. 3 |
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| 302 | 302 | | Sec. 6. EFFECTIVE DATES 4 |
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| 303 | 303 | | (a) This section and Sec. 5 shall take effect on passage. 5 |
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| 304 | 304 | | (b) The remaining sections shall take effect on July 1, 2026. 6 |
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