FINAL BILL REPORT

                                    SB 5049

                                  C 292 L 91

                              SYNOPSIS AS ENACTED

Brief Description:  Simplifying disposal of abandoned junk vehicles.

SPONSORS:Senator Madsen.

SENATE COMMITTEE ON TRANSPORTATION

HOUSE COMMITTEE ON TRANSPORTATION

BACKGROUND:

Current statute defines a junk vehicle as:  three years or older; extremely damaged; apparently inoperable; not currently registered; and having a fair market value equal to the value of scrap in it.

Current statute requires that a landowner wanting to dispose of a junk vehicle found on his property must first have a law enforcement officer verify that the vehicle meets all of the above mentioned criteria.  Then if information is available from the Department of Licensing on the registered and legal owners, the landowner must send the vehicle owners a notification form from the department by certified mail.  If the car remains unclaimed for 15 days, the landowner may dispose of the vehicle.

If no information is found by the department on the vehicle's registered and legal owners, the landowner must place a legal notice of custody and sale into the county newspaper.  If the vehicle remains unclaimed after 20 days, then the landowner may dispose of the vehicle.

The current procedure is viewed as time consuming, expensive and cumbersome for disposing of junk vehicles.  Many landowners with junk vehicles sitting on their property are dumping these vehicles on others' property, usually remote areas, or alongside the highway.

SUMMARY:

The definition of a junk vehicle is changed.  The fair market value of the vehicle must be the approximate value of the scrap of the vehicle.

The requirement that a landowner notify the owner of a junk vehicle through certified mail and on a form furnished by the department is repealed.  The right of a district court to contest the sale of a junk vehicle is repealed.  The provisions requiring publication in the county newspaper of junk vehicles with no known owners on the department records are repealed.

The landowner must provide a notice to the vehicle owner based on information given by the inspecting law enforcement officer.  The vehicle owner has the right to arrange for removal of the vehicles within 15 days.  A person complying in good faith is immune from liability.

Public abatement of junk vehicles on private property is allowed by correcting statute to read that a junk vehicle owned by a private property owner may be removed by public ordinance provisions.

VOTES ON FINAL PASSAGE:

Senate      45    0

House 93    2     (House amended)

Senate                  (Senate refused to concur)

House             (House refused to recede)

Conference Committee

House 98    0

Senate      47    0

EFFECTIVE:  July 28, 1991