SENATE BILL REPORT

                                    SB 5049

                      AS PASSED SENATE, FEBRUARY 22, 1991

Brief Description:  Simplifying disposal of abandoned junk vehicles.

SPONSORS:Senator Madsen.

SENATE COMMITTEE ON TRANSPORTATION

Majority Report:  Do pass.

      Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; Hansen, Madsen, McMullen, Oke, Sellar, Skratek, Snyder, and Vognild. 

Staff:  Brad Lovaas (786‑7307)

Hearing Dates:February 7, 1991

HOUSE COMMITTEE ON TRANSPORTATION

BACKGROUND:

Current statute defines a junk vehicle as meeting all of the following requirements:  (1) is three years or older; (2) is extremely damaged; (3) is apparently inoperable; (4) is not currently registered; and (5) has 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 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that a landowner notify the owner of a junk vehicle through certified mail and on a form furnished by the department is repealed.  The right of a district court to contest the sale of a junk vehicle is repealed.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requiring publication in the county newspaper of junk vehicles with no known owners on the department records are repealed.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 any liability arising out of any action.

Appropriation:  none

Revenue:  none

Fiscal Note:  requested

TESTIMONY FOR:

Will provide for proper notice to vehicle owner.  Will help eliminate the environmental damage caused by abandoned junk vehicles.

TESTIMONY AGAINST:  None

TESTIFIED:  Mike Yeager, WFPA (for); Norman Vogt, Weyerhaeuser (for); Heather Hamilton

HOUSE AMENDMENT(S):

The definition of a junk vehicle is changed.  For a vehicle to meet the "junk" vehicle criteria, it must have the approximate value of the scrap of the vehicle.

Current statute is corrected to provide for public abatement of junk vehicles on private property.