CSHB 222(TRA) AM: "An Act relating to abandoned, wrecked, or junk vehicles."
00CS FOR HOUSE BILL NO. 222(TRA) am 01 "An Act relating to abandoned, wrecked, or junk vehicles." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.11.020 is amended to read: 04 Sec. 28.11.020. Presumption of abandonment. A vehicle registered or 05 titled as required under AS 28.10 that reasonably appears to have [HAS] been left 06 unattended, standing, parked upon or within 10 feet of the traveled portion of a 07 highway or vehicular way or area in excess of 48 hours, or a vehicle registered or 08 titled as required under AS 28.10 that reasonably appears to have been left 09 standing or parked on private property in excess of 24 hours or upon other public 10 property for more than 30 days, without the consent of the owner or person in charge 11 of the property, notwithstanding other statutory provisions, may be removed under 12 AS 28.11.030 and treated as an abandoned vehicle, unless the vehicle is reclaimed and 13 removed before [ACTION REGARDING] removal occurs [IS TAKEN] under 14 AS 28.11.030. The department for good cause may make provisions for parking of
01 vehicles on state property other than specified in this section and under the provisions 02 of AS 44.62. 03 * Sec. 2. AS 28.11.020 is amended by adding new subsections to read: 04 (b) Notwithstanding other provisions of law, a wrecked or junk vehicle that 05 reasonably appears to have been left unattended, standing, parked upon or within 10 06 feet of the traveled portion of a highway or vehicular way or area in excess of 24 07 hours, or a wrecked or junk vehicle that reasonably appears to have been left standing 08 or parked on private property or other public property in excess of 24 hours and 09 without the consent of the owner or person in charge of the property, may be removed 10 under AS 28.11.030 and treated as an abandoned vehicle, unless the vehicle is 11 reclaimed and removed before removal occurs under AS 28.11.030. 12 (c) In this section, 13 (1) "junk vehicle" means a vehicle that 14 (A) is not currently registered under AS 28.10, except for a 15 vehicle not currently registered under AS 28.10 and used exclusively for 16 competitive racing; 17 (B) is stripped, wrecked, or otherwise inoperable due to 18 mechanical failure; 19 (C) has not been repaired because of mechanical difficulties or 20 because the cost of repairs required to make it operable exceeds the fair market 21 value of the vehicle; or 22 (D) is in a condition that exhibits more than one of the 23 following elements: 24 (i) broken glass; 25 (ii) missing wheels or tires; 26 (iii) missing body panels or parts; or 27 (iv) missing drive train parts. 28 (2) "wrecked vehicle" means a vehicle that is disabled and cannot be 29 used as a vehicle without substantial repair or reconstruction; 30 * Sec. 3. AS 28.11.050 is amended to read: 31 Sec. 28.11.050. Vesting of title. Title to an impounded vehicle not reclaimed
01 by the registered owner, a lienholder, or other person entitled to possession of the 02 vehicle within 15 [30] days from the notice given under AS 28.11.040 vests with the 03 state or, if a municipal ordinance is adopted under AS 28.11.100, with the 04 municipality, as appropriate. However, nothing in this section prohibits a lien under 05 AS 28.11.090. 06 * Sec. 4. AS 28.11.070(a) is amended to read: 07 (a) Upon satisfaction of the notice and reporting requirements prescribed in 08 this chapter, a vehicle may be disposed of by removal to a scrap processing yard or 09 auto wrecker for disposal or by public auction 20 days after notice of the auction is 10 published in a newspaper of general circulation in the area or municipality in which 11 the vehicle was found and presumed abandoned. The notice of auction must describe 12 the vehicle and specify the place, date, and time at which it will be sold. A copy of 13 the notice of auction shall be conveyed to the department. 14 * Sec. 5. AS 28.11.070(b) is amended to read: 15 (b) A vehicle disposed of under this section by public auction must be 16 [REGISTERED AND] titled under AS 28.10, and may not be subsequently sold 17 without a certificate of title issued by the department. 18 * Sec. 6. AS 28.11.100 is amended to read: 19 Sec. 28.11.100. Municipal abatement procedure. A municipality may adopt 20 an ordinance establishing procedures for the abatement and removal from private or 21 public property, as a public nuisance or a health or safety hazard, a wrecked, 22 dismantled, or inoperative vehicle or a vehicle otherwise presumed to be abandoned. 23 An ordinance adopted under this section must contain provisions for (1) notice to 24 owners and lienholders of record and persons known to be lawfully entitled to 25 possession of the vehicles, of their right to a hearing which shall be conducted by the 26 municipality in the manner provided for by municipal ordinance [THE 27 DEPARTMENT UNDER AS 28.05.131 - 28.05.141]; (2) notice to owners and 28 lienholders as provided in AS 28.11.040; and (3) disposal of abandoned vehicles as 29 provided in AS 28.11.070.