Bill Text: NJ A303 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits municipality to sell certain vehicles in connection with motor vehicle offenses.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-10-15 - Reported out of Assembly Committee, 2nd Reading [A303 Detail]
Download: New_Jersey-2012-A303-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman JOHN F. AMODEO
District 2 (Atlantic)
Assemblyman CHRIS A. BROWN
District 2 (Atlantic)
SYNOPSIS
Permits municipality to sell certain vehicles in connection with motor vehicle offenses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the disposition of vehicles and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The governing body of a municipality may sell at public auction any vehicle impounded by a law enforcement agency for a violation of Title 39 of the Revised Statutes if the owner of the impounded vehicle fails to claim the vehicle by midnight of the 30th day following the day on which the vehicle was impounded.
b. The municipality shall give notice of the sale by certified mail to the registrant of the motor vehicle, if the registrant's name and address are known, and to the holder of any security interest filed with the chief administrator, and by publication in a form to be prescribed by the chief administrator by one insertion, at least five days before the date of the sale, in one or more newspapers published in this State and circulating in the municipality in which the vehicle is impounded.
c. At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of the motor vehicle upon showing proof of: registration and insurance; and payment of the reasonable costs of removal and storage of the motor vehicle, any fine or penalty and court costs assessed for the violation that gave rise to the impoundment of the motor vehicle, and any outstanding warrants against the vehicle. However, if the other person entitled to the motor vehicle is a lessor or the holder of a lien on the motor vehicle, the other person may reclaim the motor vehicle without providing payment or proof of: registration and insurance. In such cases, the violator shall be liable for all outstanding costs, fines, and penalties; and the municipality shall have a lien against the property and income of that violator for the total amount of all outstanding costs, fines, and penalties.
d. Any proceeds obtained from the sale of a motor vehicle at public auction pursuant to subsection a. of this section in excess of the amount owed to the municipality for the reasonable costs of removal and storage of the motor vehicle, any fine or penalty and court costs assessed for the violation that gave rise to the impoundment of the motor vehicle, and any outstanding warrants against the vehicle, shall be returned to the registrant of the vehicle, if the registrant's name and address are known.
e. The provisions of this section shall not apply to any violation that provides separate statutory authorization for a municipality to sell an impounded motor vehicle.
2. This act shall take effect immediately.
STATEMENT
This bill would permit a municipality to sell at public auction any vehicle impounded for a violation of Title 39 of the Revised Statutes if the owner of the vehicle failed to claim it by midnight of the 30th day following impoundment. Under current law, there are some motor vehicle violations that expressly permit a municipality to sell a vehicle impounded for such a violation. This bill would expand that authority to all motor vehicle violations.
In order to sell a motor vehicle, the municipality would be required to give notice to the registrant of the motor vehicle, to the holder of any security interest in the vehicle, and to the public. The vehicle's owner could reclaim the vehicle at any time before the sale upon showing proof of: registration and insurance; and payment of the reasonable costs of removal and storage, plus any fine or penalty and court costs assessed for the violation, and any other outstanding warrants against the vehicle. However, if the other person entitled to the motor vehicle is a lessor or the holder of a lien on the motor vehicle, that person would be able to reclaim the motor vehicle without providing payment or proof of registration and insurance.
Any proceeds obtained from the sale in excess of the amount owed to the municipality would be returned to the registrant of the vehicle.
The bill's provisions would not apply to those violations that already expressly permit the sale of an impounded vehicle.
