HOUSE BILL REPORT

ESB 6746

BYSenators Patrick, Madsen, Patterson, Nelson, Sutherland and Murray

Simplifying disposal of abandoned junk vehicles.

House Committe on Transportation

Majority Report:  Do pass.  (21)

      Signed by Representatives R. Fisher, Chair; Baugher, Vice Chair, Eastern Washington; Schmidt, Ranking Republican Member; Wood, Assistant Ranking Republican Member; Bennett, Cantwell, Cooper, Day, G. Fisher, Forner, Gallagher, Hankins, Haugen, Jones, Prentice, Smith, D. Sommers, Todd, Walker, S. Wilson and Zellinsky.

House Staff:Brad Lovaas (786-7307)

AS REPORTED BY COMMITTEE ON TRANSPORTATION FEBRUARY 22, 1990

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 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 to the vehicle owners a notification on a 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 vehicles 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 roadway.

SUMMARY:

The requirement that notice to the owner of a junk vehicle is on a form furnished by the Department of Licensing and sent certified mail by the landowner where the junk vehicle sits is repealed.  The right of a district court hearing to contest the sale of a junk vehicle is repealed.  The provisions are repealed that require publication in the county newspaper of junk vehicles with no known owners on the department records.

A notice must be provided by the landowner 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 with the requirement of this section is immune from any liability.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Rick Jensen, Washington State Patrol; and Steve Gano, Washington Forest Protection Association.

House Committee - Testified Against:      Heather Hamilton, Department of Licensing.

House Committee - Testimony For:    A large number of junk vehicles are being dumped on private and public landowners' properties due to the cumbersome and lengthy procedures associated with disposal of junk vehicles.

House Committee - Testimony Against:      A U.S. District Court ruling requires extensive due process procedures prior to disposing of junk vehicles.