Bill Text: NJ A3409 | 2014-2015 | Regular Session | Introduced
Bill Title: Permits municipality to sell certain impounded vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-16 - Introduced, Referred to Assembly State and Local Government Committee [A3409 Detail]
Download: New_Jersey-2014-A3409-Introduced.html
Sponsored by:
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
SYNOPSIS
Permits municipality to sell certain impounded vehicles.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the disposition of certain impounded 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 a motor vehicle impounded by a law enforcement agency for a violation of Title 39 of the Revised Statutes if the owner of the impounded motor vehicle fails to claim the motor vehicle by midnight of the 60th day following the day on which the motor vehicle was impounded; provided, however, that the provisions of this subsection shall not apply to section 1 of P.L.1955, c.53 (C.39:3-17.1), section 79 of P.L.2003, c.89 (C.39:3-29.1a), section 4 of P.L.1995, c.286 (C.39:3-40.3), section 12 of P.L.1985, c.14 (C.39:4-139.13), R.S.39:5-47, or R.S.39:10-6.
b. The municipality shall give notice of a sale of a motor vehicle authorized pursuant to subsection a. of this section by certified mail to the owner of the motor vehicle, if the owner'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 motor vehicle is impounded.
c. At any time prior to the sale, the owner of 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 outstanding fines or penalties, and any outstanding warrants against the vehicle. A municipality shall permit the owner of the motor vehicle to pay the reasonable costs of removal and storage of the motor vehicle, any outstanding fines or penalties, and any outstanding warrants in up to six monthly installments.
d. An owner-lessor of the motor vehicle may reclaim the motor vehicle without proof of registration and insurance and payment of the reasonable costs of removal and storage of the motor vehicle, any outstanding fines or penalties, and any outstanding warrants against the vehicle by providing appropriate documentation. The owner of the motor vehicle shall be liable for all outstanding costs, fines, penalties, and warrants; and the municipality shall have a lien against the property and income of that owner for the total amount of all outstanding costs, fines, penalties, and warrants.
e. 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 outstanding fines or penalties, and any outstanding warrants against the vehicle, shall be returned to the owner of the vehicle, if the owner's name and address are known. If the owner's name and address are unknown or such person or entity cannot be located, the net proceeds shall be administered in accordance with the "Uniform Unclaimed Property Act," R.S.46:30B-1 et seq.
2. This act shall take effect immediately.
STATEMENT
This bill permits the governing body of a municipality to sell at public auction a motor vehicle impounded by a law enforcement agency for a violation of Title 39 of the Revised Statutes if the owner of the impounded motor vehicle fails to claim the motor vehicle by midnight of the 60th day following the day on which the motor vehicle was impounded. The bill does not apply, however, to those violations for which a separate statutory authorization exists permitting the municipality to sell an impounded motor vehicle.
In order to sell a motor vehicle, the municipality would be required to give notice to the owner 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 outstanding fine, penalty, or warrant. The municipality is required under the bill's provisions to permit the owner to pay those costs in up to six monthly installments. An owner-lessor of the motor vehicle is permitted under the bill to reclaim the motor vehicle, after providing appropriate documentation, 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 owner of the motor vehicle.
