Chapter 401

2004 -- S 2725 AS AMENDED

Enacted 07/05/04

A N A C T

RELATING TO MOTOR VEHICLES - ABANDONED CARS

Introduced By: Senators Ciccone, Pichardo, DaPonte, Goodwin, and Ruggerio

Date Introduced: February 11, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-42-4 of the General Laws in Chapter 31-42 entitled "Abandoned

Motor Vehicles" is hereby amended to read as follows:

31-42-4. Auction of abandoned motor vehicles. -- (a) If an abandoned motor vehicle

has not been reclaimed as provided for in section 31-42-3, the police department shall sell the

abandoned motor vehicle at a public auction. The purchaser of the motor vehicle shall take title to

the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt

and bill of sale from the police department, and shall be entitled to register the purchased vehicle.

The sales receipt at a sale shall be sufficient title only for purposes of transferring the vehicle to a

demolisher for demolition, wrecking, or dismantling, and, in that case no further registration of

the vehicle shall be necessary.

      (b) From the proceeds of the sale of an abandoned motor vehicle, the police department

shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing

the vehicle which resulted from placing the abandoned motor vehicle in custody, and all notices

and publication costs incurred pursuant to section 31-42-3. Any remainder from the proceeds of a

sale shall be held for the owner of the vehicle or entitled lienholder for ninety (90)

days, and then shall be deposited in a special abandoned motor vehicle fund which shall remain

available for the payment of auction, towing, preserving, storage, and all notice and publication

costs which result from placing other abandoned vehicles in custody, whenever the proceeds from

a sale of the other abandoned motor vehicles are insufficient to meet these expenses and costs.

      (c) Whenever the chief finance officer of the city or town finds that moneys in the

abandoned motor vehicle fund are in excess of reserves likely to be needed, he or she may

transfer the excess to the general fund. But in the event there are additional claims against the

abandoned motor vehicle fund, if the abandoned motor vehicle fund is temporarily exhausted,

these claims shall be met from the general fund to the limit of any transfers previously made to it

pursuant to this section.

     SECTION 2. Section 31-22-13 of the General Laws in Chapter 31-22 entitled

"Miscellaneous Rules" is hereby amended to read as follows:

31-22-13. Abandoned vehicles. -- The last registered owner, or person having custody

and control as authorized by the owner, of any motor vehicle who abandons it as defined by

section 31-42-1 on any public or private property other than his or her own, without the

permission of the owner or lessee of the property in cases of private property, shall be liable for

all costs and expenses incurred by the owner, lessee, or the state or any municipality in the

removal of the vehicle from public or private property. Failure to pay the expenses within thirty

(30) days of written notice shall be punished by a fine upon conviction, not in excess of two

hundred dollars ($200). Upon conviction the administrator of the division of motor vehicles shall

be notified and shall suspend the license and registration of the last registered owner of the

abandoned vehicle until these expenses are paid.

     SECTION 3. This act shall take effect upon passage.

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LC02241

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