HB 235: "An Act relating to removal of motor vehicles from public or private property; amending Rules 79 and 82, Alaska Rules of Civil Procedure."
00HOUSE BILL NO. 235 01 "An Act relating to removal of motor vehicles from public or private property; 02 amending Rules 79 and 82, Alaska Rules of Civil Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.11.030(a) is amended to read: 05 (a) After notice is given as required under AS 28.11.040(b), a [A] peace 06 officer or an employee authorized by the state or a municipality may remove or have 07 removed to a place for storage a vehicle abandoned on a highway, on a vehicular way 08 or area, or on private property. 09 * Sec. 2. AS 28.11.040 is amended to read: 10 Sec. 28.11.040. Notice to owners and lienholders. The person or company 11 who stores an abandoned vehicle at the direction of a peace officer or an employee 12 under AS 28.11.030 shall within 10 [30] days give notice, by certified mail [IN THE 13 MANNER PRESCRIBED FOR THE GIVING OF NOTICE BY THE DEPARTMENT 14 UNDER AS 28.05.121], to the vehicle owner of record and to lienholders of record
01 [,] stating the grounds for removal and the location of the place of impoundment of 02 the vehicle. If the vehicle is not registered in the state or the name and address of the 03 registered or legal owner or lienholder cannot be ascertained, notice shall be given by 04 publication in the manner prescribed in the rules of the court for service of process by 05 publication. 06 * Sec. 3. AS 28.11.040 is amended by adding a new subsection to read: 07 (b) Before impounding an abandoned, junk, or wrecked vehicle, the peace 08 officer or authorized employee shall attach to the vehicle and, if the vehicle is located 09 at a dwelling, to the nearest entrance to the dwelling a notice of intent to impound the 10 vehicle. The notice required under this subsection must be attached to the vehicle at 11 least 10 days before removal, be brightly colored, be clearly visible, and be at least 12 12 inches by 12 inches in size. This subsection does not apply to an abandoned, junk, or 13 wrecked vehicle that is a health or safety hazard. In this subsection, "junk" and 14 "wrecked vehicle" have the meaning given in AS 28.11.020. 15 * Sec. 4. AS 28.11.050 is amended to read: 16 Sec. 28.11.050. Vesting of title. Title to an impounded vehicle not reclaimed 17 by the registered owner, a lienholder, or other person entitled to possession of the 18 vehicle within 15 days from the notice given under AS 28.11.040(a) [AS 28.11.040] 19 vests with the state or, if a municipal ordinance is adopted under AS 28.11.100, with 20 the municipality, as appropriate. However, nothing in this section prohibits a lien 21 under AS 28.11.090. 22 * Sec. 5. AS 28.11 is amended by adding a new section to read: 23 Sec. 28.11.065. Award of costs and attorney fees. The owner of a vehicle 24 removed or impounded in violation of this chapter may recover actual reasonable costs 25 and actual reasonable attorney fees incurred in recovering the vehicle from the state 26 or a municipality. 27 * Sec. 6. AS 28.11.100 is amended to read: 28 Sec. 28.11.100. Municipal abatement procedure. A municipality may adopt 29 an ordinance establishing procedures for the abatement and removal from private or 30 public property, as a public nuisance or a health or safety hazard, a wrecked or [,] 31 dismantled vehicle , [OR INOPERATIVE VEHICLE] or a vehicle otherwise presumed
01 to be abandoned. An ordinance adopted under this section must contain provisions for 02 (1) notice to owners and lienholders of record and persons known to 03 be lawfully entitled to possession of the vehicles [,] of their right to a hearing which , 04 if a hearing is requested, shall be conducted at a time agreed to by the owner or 05 lienholder [BY THE MUNICIPALITY IN THE MANNER PROVIDED FOR BY 06 MUNICIPAL ORDINANCE]; 07 (2) notice to owners and lienholders as provided in AS 28.11.040; 08 [AND] 09 (3) disposal of abandoned vehicles as provided in AS 28.11.070 ; and 10 (4) the award of costs and attorney fees as provided in 11 AS 28.11.065 . 12 * Sec. 7. AS 28.11.065, enacted by sec. 5 of this Act, has the effect of amending Rules 13 79 and 82, Alaska Rules of Civil Procedure, by allowing certain vehicle owners to recover 14 actual reasonable costs and actual reasonable attorney fees incurred in recovering the vehicle. 15 * Sec. 8. Section 5 of this Act and AS 28.11.100(4), added by sec. 6 of this Act, take 16 effect only if sec. 7 of this Act receives the two-thirds majority vote of each house required 17 by art. IV, sec. 15, Constitution of the State of Alaska.