Bill Text: AZ HB2462 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed
Bill Title: Private property trespass towers
Spectrum: Bipartisan Bill
Status: (Vetoed) 2010-05-11 - Governor Vetoed [HB2462 Detail]
Download: Arizona-2010-HB2462-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HOUSE BILL 2462 |
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AN ACT
amending title 41, chapter 12, Arizona Revised Statutes, by adding article 12; providing for the delayed repeal of title 41, chapter 12, article 12, Arizona Revised Statutes; relating to private property trespass towers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 12, Arizona Revised Statutes, is amended by adding article 12, to read:
ARTICLE 12. PRIVATE PROPERTY TRESPASS TOWERS
41-1830.41. Definition of private property trespass tower
In this article, unless the context otherwise requires, "private property trespass tower" means any person who does both of the following:
1. Commercially offers services to tow, transport or impound motor vehicles from private property without the permission of the owner or operator of the vehicle.
2. Uses a vehicle designed for or adapted to perform the services prescribed by paragraph 1.
41-1830.42. Department duties
A. The department shall:
1. Adopt rules necessary to administer this article.
2. Beginning July 1, 2011, set rates for:
(a) The commercial towing or removal of trespassing vehicles from private property.
(b) The storage, for periods of more than six hours, of vehicles in connection with towing or removal.
(c) Other services provided by a private property trespass tower.
3. Review the rates set pursuant to paragraph 2 every three years.
B. The department may establish and adjust fees with respect to this article.
C. Subsection A, paragraph 2 of this section does not apply to a county or an incorporated city or town that regulates the maximum rates and charges for towing, transporting or impounding a motor vehicle from private property without the permission of the owner or operator of the vehicle by any private property trespass tower or private towing carrier pursuant to section 9‑499.05 or 11-251.04.
41-1830.43. Towing performed pursuant to police action
This article does not regulate or otherwise affect towing performed by any private property trespass tower or private towing carrier pursuant to the order or request of a law enforcement official or agency pursuant to section 28‑872 or 28‑4834.
41-1830.44. Record requirements; definition
A. Each private property trespass tower who tows vehicles pursuant to this article shall keep and maintain at the private property trespass tower's Principal place of business a permanent record, and at each place of business of the tower that is not its principal place of business an electronic copy of the permanent record, for each vehicle removed by the private property trespass tower that records and describes the following:
1. The make, model and description of the vehicle.
2. The name of the owner of the vehicle or owner's agent requesting release of the vehicle.
3. The number of the license plate of the vehicle.
4. The place from which and to which the vehicle was towed or transported.
B. The private property trespass tower shall maintain the record at the tower's established place of business for a period of at least three years after the date of removing each vehicle recorded.
C. Authorized representatives of the department or any law enforcement agency may inspect the records kept by the private property trespass tower at any time during regular business hours.
D. During business hours and after reasonable demand, each private property trespass tower shall allow any person described in subsection C to physically compare the records required to be maintained with the vehicles that are located at the tower's place of business.
E. For the purposes of this section, "business hours" means 8:00 a.m. to 5:00 p.m.
41-1830.45. Enforcement powers
In the enforcement of any law pertaining to private property trespass towers, the director may conduct hearings pursuant to chapter 6, article 10 of this title, take testimony and conduct investigations as the director deems necessary.
41-1830.46. Appeal
Except as provided in section 41-1092.08, subsection H, final decisions of the director pursuant to this article are subject to judicial review pursuant to title 12, chapter 7, article 6.
41-1830.47. Hearings
A. The director may conduct a hearing pursuant to section 41-1830.45 if the director alleges that a private property trespass tower refuses or fails to comply with this article or a rule adopted by the director pursuant to this article relating to private property trespass towers.
B. The director shall hold the hearing at least fifteen but not more than thirty days after service of a written notice. The director shall send the notice by personal delivery or certified mail to the address provided to the department in the report alleging the noncompliance.
C. A finding that a private property trespass tower is in violation of this article or a rule adopted by the director pursuant to this article requires both of the following determinations:
1. The person refuses or fails to comply with the requirements of this article or a rule adopted by the director pursuant to this article.
2. The person ordered to appear at the hearing is responsible for the violation.
D. The scope of the hearing is limited to the determinations prescribed in subsection c of this section.
E. After consideration of the evidence presented at the hearing, the director shall serve notice of the director's finding and order within five days after the hearing.
41-1830.48. Civil penalty
A. After a hearing conducted pursuant to section 41-1830.47, If the director finds that a person is in violation of this article or a rule adopted by the director pursuant to this article, the director may impose a civil penalty of at least one thousand dollars but not more than five thousand dollars.
B. The person shall pay the civil penalty imposed pursuant to this section to the department no later than thirty days after the order is final. If the person fails to pay the civil penalty within thirty days after the order is final, the director shall file an action in the superior court in the county in which the hearing is held to collect the civil penalty.
41-1830.49. Unlawful practices
A. A private property trespass tower shall:
1. within twenty minutes after towing the vehicle, notify law enforcement authorities in the jurisdiction in which the trespassing vehicle was towed, transported or impounded. Notification shall include a complete description of the vehicle, the license plate number, the vehicle identification number, if possible, the locations from which and to which the vehicle was removed, the time of removal and any other information required by department rule. The notification required by this paragraph may be made by electronic means.
2. In the office or location at which towed vehicles are routinely returned to their owners, prominently post the name, address and telephone number of the nearest office of the department where inquiries or complaints may be sent and make available in written form the relevant statutes and rules governing private property trespass towers.
3. Maintain insurance coverage that satisfies the following requirements and Provide proof of the coverage to the director:
(a) Business automobile liability insurance that provides coverage for claims arising from bodily injury, death or property damage arising out of the ownership, maintenance or use of any vehicle with a combined single limit for each occurrence of at least one million dollars and an on-hook endorsement.
(b) Garage keepers legal liability insurance that provides coverage for all loss or damage to the vehicle owner's property while in the private trespass tower's care and that the tower is legally responsible for with limits of at least fifty thousand dollars per vehicle and at least one hundred thousand dollars per heavy duty vehicle.
(c) Workers' compensation insurance with an employer liability limit of at least one hundred thousand dollars for each accident, an employee or disease limit of at least one hundred thousand dollars and a total policy limit of at least five hundred thousand dollars.
B. A private property trespass tower shall not:
1. Tow, transport or impound any vehicle from private property without having first obtained the written authorization of the property owner or other person in lawful possession or control of the property or the authorized agent of that person. The authorization may be on a contractual basis covering a period of time or limited to a specific removal.
2. Charge to or accept or otherwise collect from the private property owner or authorized agent who requested that an unauthorized vehicle be towed, transported or impounded from the owner's property any fees for removing the vehicle contrary to any terms that may be part of the contract between the property owner and the private property trespass tower.
3. Tow, transport or impound a vehicle when the owner or operator of the vehicle is present or arrives at the vehicle location at any time before the completion of removal of the vehicle from the private property and is willing and able to remove the vehicle immediately. In such case, no fee may be charged to the vehicle owner or operator.
4. Tow, transport or impound any vehicle from property on which signs are required and on which signs are not posted pursuant to section 9-499.05 or 11‑251.04.
5. Impose any charge for service or storage other than the rates set by the county, city, town or department.
6. Impose charges for storage for the first six hours after towing or removal. This paragraph does not prohibit a private property trespass tower from imposing storage charges after the first six hours after towing or removal of the vehicle.
7. Use drivers or other personnel who are not employees or contractors of the private property trespass tower.
8. Provide to the property owner or the property owner's authorized agent any compensation or any other type of benefit, other than towing, transporting or impounding the vehicle from the property.
9. Violate this article or rules adopted pursuant to this article.
41-1830.50. Civil and criminal penalties
This article does not limit or alter the vehicle owner's civil or criminal liability for trespass. This article does not limit or alter the civil or criminal liability of any person for any act or omission. All penalties accruing under this article are cumulative.
41-1830.51. Posting of rates; payment locations
A. Each private property trespass tower shall print and keep open to the public all authorized rates and charges for towing, otherwise moving and storing vehicles in connection with THE removal of unauthorized vehicles from private property. The rates and charges shall be clearly stated in dollar amounts and shall be posted in the form and manner and shall contain the information that the department prescribes by rule.
B. Each private property trespass tower shall accept payment for towing and storage costs at the location where the vehicle is stored or retrieved.
41-1830.52. Release of relocated vehicles; nonpayment; applicability; definition
A. Before release of a vehicle that is towed, transported or impounded by a private property trespass tower pursuant to this article, the owner of the vehicle or the owner's agent shall pay or make satisfactory arrangements to pay for any towing and storage costs that comply with the rates set pursuant to section 9‑499.05, section 11-251.04 or this article, except that a private property trespass tower shall not refuse to release to the owner a vehicle that the private property trespass tower tows pursuant to this article if the owner refuses to pay the towing and storage costs. An owner who refuses to pay the towing and storage costs shall provide proof of identity and ownership of the vehicle and shall sign a receipt acknowledging that the vehicle has been reclaimed and whether or not the owner disputes any unpaid balance due before the vehicle is released. Possessing the keys to a vehicle is not proof of ownership of the vehicle. A private property trespass tower shall allow the owner one-time access to the vehicle for the purpose of retrieving the vehicle's current registration.
B. This section does not apply to a vehicle that is abandoned pursuant to title 28, chapter 11.
C. For the purposes of this section, "proof of identity and ownership of the vehicle" means providing government issued identification and the vehicle's current title or registration. END_STATUTE
41-1830.53. Dispute resolution; definitions
A. If The owner of a vehicle that is towed pursuant to this article or the owner's agent disputes the towing and storage costs or any other action of the private property trespass tower, operator or dispatcher, the owner or the owner's agent may submit a written request for a hearing to the director pursuant to chapter 6, article 10 of this title.
B. For the purposes of this section:
1. "Dispatcher" means any person who, as an employee or agent of a private property trespass tower, dispatches vehicles to or from locations where operators perform removal activities.
2. "Operator":
(a) Means any person who does both of the following:
(i) As an employee of a private property trespass tower, tows, transports or impounds motor vehicles from private property without the permission of the owner or operator of the vehicle.
(ii) Uses a vehicle designed for or adapted to perform the services prescribed by item (i).
(b) Includes the driver of any vehicle used in towing, transporting or impounding a trespassing vehicle from private property and any person other than the driver who assists in the towing, transporting or impounding of a trespassing vehicle from private property.
41-1830.54. Violation; classification
A person who violates this article is guilty of a class 1 misdemeanor.
41-1830.55. Civil penalties; fees; deposit
The director shall deposit, pursuant to sections 35-146 and 35-147, penalties and fees collected pursuant to this article in the state general fund.
41-1830.56. Employee fingerprints; law enforcement inspection
A private property trespass tower may fingerprint every employee or contractor of the private property trespass tower and maintain at the tower's principal place of business a fingerprint record for each employee or contractor who is fingerprinted. The fingerprint record shall be made available to a law enforcement agency on request.
41-1830.57. Local ordinances or rules
This article does not prohibit a county or an incorporated city or town from enacting an ordinance or rule that either:
1. Is more restrictive than this article or any rule adopted pursuant to this article.
2. Places any requirements that are greater than those prescribed in this article or any rule adopted pursuant to this article on towing, transporting or impounding a motor vehicle from private property without the permission of the owner or operator of the vehicle by any private property trespass tower or private towing carrier.
Sec. 2. Delayed repeal
Title 41, chapter 12, article 12, Arizona Revised Statutes, as added by this act, is repealed from and after June 30, 2020.
