SB 0487 Regulates the towing of motor vehicles and other abandoned property
Sponsor:Goode
LR Number:S2244.09C Fiscal Note:2244-09
Committee:Commerce and Environment
Last Action:05/15/98 - S requests H take up & pass bill Journal page:S1495H2072
Title:CCS HS HCS SB 487
Effective Date:August 28, 1998
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Current Bill Summary

HS/HCS/SB 487 - This act revises the requirements for the towing, storage and retitling of abandoned motor vehicles and vessels.

TOWING CHARGES - The City of St. Louis shall charge a license fee for towing companies performing nonconsensual tows from private property.

PUBLIC PROPERTY TOWS - Police and government agencies authorizing tows shall make out a report form. Tows by local government agencies shall be reported to local law enforcement instead of to the Highway Patrol. The authorization to tow form is eliminated. All involuntary repossessions shall be reported, and reports shall be made within two hours to local police. The crime inquiry and inspection report shall be submitted to the Department of Revenue by the towing company if the vehicle is not claimed after 10 working days.

PROCEDURES - Lienholders shall be notified of any possible title change by the towing company. Storage charges shall be reasonable, shall not exceed charges on a negotiated basis and shall depend upon compliance with all sections of the towing law. The towing company may get an original title only if the vehicle passes a safety inspection and a Highway Patrol inspection and is not in salvage condition. Any proceeds over $500 from the sale of a vehicle by a towing company shall be transferred to the Treasurer as unclaimed property, beginning July 1, 1999. Insurers paying a total loss on abandoned property shall remove the property from the storage facility or arrange for transfer of title.

PRIVATE PROPERTY TOWS - Cities may provide for the towing of derelict vehicles. Property managers may authorize tows. Prior notification to a law enforcement agency is no longer required. A vehicle abandoned on private property may be towed after 3 days (except on residential property, where towing can be made after 5 hours). An abandoned property report shall be completed at the time of the tow. This report shall have information on the towing company and the law enforcement agency receiving the report. The towing company shall report the tow to law enforcement within two hours or within twenty-four hours, depending on the situation. The report may be faxed if it can be received and if the company is registered.

Upon receiving the report, law enforcement shall make a crime inquiry promptly, sign the report and give the towing company information on the vehicle's owner and lienholder. A copy of the report shall be sent to the Department of Revenue by the towing company if the vehicle is not claimed within 10 working days. Any wrongful authorization by a landowner or lessee is a misdemeanor.

Local government agencies may authorize the towing of derelict vehicles from private property under local ordinance. Municipal judges in the City of St. Louis may issue search warrants to investigate public nuisance activity, and no person shall interfere with such investigations.

CONSUMER PROTECTION - Notice about the tow shall be made in writing to the registered owner and lienholder within 5 days. The landowner has double liability for wrongfully authorizing tows. Credit cards are no longer required to be accepted by towing companies.

NUISANCES - No person shall interfere with an investigation by the City of St. Louis in the case of a nuisance. Search warrants shall be issued upon probable cause to respond to such nuisance activities.
MICHAEL HOEFERKAMP

HA 1 - CITY LICENSES - CLARIFIES SECTION 301.344.

HA 2 - LIENS - LIENHOLDERS SHALL RELEASE A MOTOR VEHICLE LIEN WITHIN 10 BUSINESS DAYS AFTER SATISFACTION OF THE LIEN (CURRENT MAXIMUM IS 30 DAYS). THE PENALTY IS $25 TO $500.

HA 3 - SALES TAX - RECREATIONAL VEHICLES AND TRUCK-TRAILER COMBINATIONS ARE INCLUDED IN THE TRADE-IN ALLOWANCE FOR SALES TAX PURPOSES.

HA 4 - ST. CHARLES CO. - TOWING COMPANIES BIDDING FOR SERVICES FOR ST. CHARLES CO. SHALL HAVE $100,000 BONDS, 25% VEHICLE OWNERSHIP, DRUG TESTS AND A 24-HOUR STAFFED LOT.

HA 5 - LICENSES - TOWING COMPANIES SHALL BE VALIDLY LICENSED BY ANY COUNTY OR ST. LOUIS CITY, AND SHALL PRINT THEIR NAME, ADDRESS AND PHONE NUMBER ON EVERY TRUCK.

HA 6 - NOTICE, CHARGES - THE DEPT. OF REVENUE SHALL MAKE NOTIFICATIONS INSTEAD OF THE TOWING COMPANY (BUT TOWING COMP. STILL REQUIRED TO NOTIFY). STORAGE CHARGES MAY BE ASSESSED DESPITE NONCOMPLIANCE WITH THE TOWING LAW.

HA 7 - NOTICE - CLARIFIES THE TIMING OF A NOTICE.

HA 8 - EXCESS PROCEEDS - RAISES MAXIMUM FROM $500 TO $1000.

HA 9 - NOTICE - REVISES CERTIFIED MAIL REQUIREMENTS FOR THE NOTICE TO OWNERS AND LIENHOLDERS.

HA 10 - CITIES - DELETES SECTIONS 301.344 (LOCAL LICENSES) AND 1 (NUISANCE INVESTIGATIONS).