04RS HB357

HB357

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HB 357/LM (BR 883) - R. Rand, R. Adams, J. Callahan, J. Draud, D. Sims

     AN ACT relating to motor vehicles.
     Repeal and reenact KRS 189.752, relating to abandoned vehicles, to define "abandoned vehicle," "cabinet," "city street," "county road," "motor vehicle," "owner," "state highway," and "towing company"; establish presumption that any motor vehicle left on a city street, county road, or state highway for three consecutive days is an abandoned vehicle; require law enforcement agencies to issue a citation to the owner of the vehicle when the agency calls for a towing company to remove the vehicle from the highway and notify the owner of the citation, court, date, and penalties; require the owner of an abandoned vehicle to pay for the towing, recovery, and storage of the vehicle in addition to any other penalty; establish a limited exemption to penalties but not the payment of towing, recovery, and storage fees; require the Transportation Cabinet to suspend a person's driver's license, as well as the registration of any vehicle registered in the person's name if the person fails to appear and pay the fees and fine associated with abandoning a motor vehicle; amend KRS 376.275 to reduce the time a towing company must hold a vehicle before being able to sell the vehicle from 45 days to 30 days; amend KRS 189.990 to establish a $500 fine for a first offense and $1,000 for a second or subsequent offense of abandoning a motor vehicle; amend KRS 189.450 and 376.268 to conform; repeal KRS 189.751 and 189.753.

HB 357 - AMENDMENTS


     HCS (1/LM) - Retain the provisions of the original bill with the following exception: In Section 1 delete the definition of "owner" and insert in lieu thereof the definition that "owner" means as defined in KRS 186.010; make a technical correction to clarify the definition of an abandoned vehicle.

     HCS (2/LM) - Delete all provisions of the bill in their entirety and insert in lieu thereof a new Section 1 to amend KRS 189.450 to reduce the time frame to thirty days before a towed vehicle may be sold; add a new Section 2 to amend KRS 376.275 to conform.

     HFA (1, J. Vincent) - Retain the provisions of the committee substitute with the following changes: In Section 1, delete subsection (6) in its entirety and insert in lieu thereof provisions for a court to have the authority to order a person ineligible to operate a motor vehicle for abandoning a motor vehicle and failing to pay the associated fine and towing, recovery, and storage charges; add a new Section 6 to amend KRS 186.570, relating to reasons a person's driver's license will be suspended, to conform; renumber existing Section 6 as Section 7.

     HFA (2, R. Rand) - Retain the provisions of the committee substitute with the following changes: In Section 1, amend subsection (2) to make the towing of an abandoned vehicle permissive rather than mandatory; amend subsection (3) to provide that the owner of an abandoned vehicle will be issued a citation at the time the vehicle is towed unless issuing a citation would be in conflict with the law enforcement agency's internal policies and procedures, and provide for the owner to be notified the vehicle has been towed with 10 business days of the date the vehicle is towed rather than within 24 hours of the citation being issued; and in Section 2, amend subsection (2) to conform.

     HFA (3, M. Harmon) - Delete the provisions of the committee substitute in its entirety and insert in lieu thereof a new Section 1 to amend KRS 189.450 to reduce the time frame to thirty days before a towed vehicle may be sold; add a new Section 2 to amend KRS 376.275 to conform.

     Jan 22-introduced in House
     Jan 23-to Transportation (H)
     Feb 3-posted in committee
     Feb 5-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 6-2nd reading, to Rules
     Feb 10-posted for passage in the Regular Orders of the Day for Wednesday, February 11, 2004
     Feb 11-floor amendment (1) filed to Committee Substitute
     Feb 18-floor amendment (2) filed to Committee Substitute
     Feb 20-3rd reading; Committee Substitute (1) adopted; floor amendments (1) and (2) adopted ; returned to the Orders of the Day
     Feb 26-floor amendment (3) filed to Committee Substitute
     Mar 1-taken from the Regular Orders of the Day; recommitted to Transportation (H)
     Mar 4-reported favorably, to Rules with Committee Substitute (2) ; posted for passage in the Regular Orders of the Day for Friday, March 5, 2004
     Mar 12-Committee Substitute (2) adopted; passed 69-18 with Committee Substitutes (1) and (2), floor amendments (1) and (2)
     Mar 15-received in Senate
     Mar 18-to Transportation (S)


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