Page 11, between lines 27 and 28,
insert:
“Sec. 7. Section 28-4837, Arizona Revised
Statutes, is amended to read:
28‑483728-4837. Towing and storage costs; definition
A. The public agency employing an officer who has
removed or causes the removal of a vehicle under this chapter is not liable for
the cost of towing or storing the vehicle if the officer acts under color of
the officer's lawful authority.
B. The owner of a vehicle that is removed or caused
to be removed under this chapter is liable for any reasonable costs incurred in
towing or storing the vehicle.
C. Notwithstanding
any law to the contrary, a private towing carrier as defined in section
11-251.04 shall not hold or attempt to hold or deny access to the owner of any
vehicle towed from any location without the consent of the owner or operator as
security for any accrued towing and storage charges. A private towing carrier
shall immediately release a towed vehicle regardless of impound location to the
owner or operator if the owner or operator produces proof of ownership or
agency.
D. If a
vehicle owner attempts to claim a vehicle from a private towing carrier after normal business hours but within twenty-four hours of the vehicle’s impoundment, the
private towing carrier shall not charge more than one day’s impoundment fees.
E. A private
towing carrier may require a claimant to provide a current address and
telephone number to assist the private towing carrier's billing and collection
process. A private towing carrier shall not require documentation or proof in
excess of or different than that required in this section as a condition for
the release of any vehicle.
F. An
impounding agency shall post a clearly visible notice that advises the public
that the owner of a vehicle shall not be denied access to the vehicle. The
notice shall:
1. Be at
least eight inches by eleven inches with plainly legible wording in capital and
bold-faced lettering at least one inch high.
2. Contain
the words “no private towing carrier shall hold or attempt to hold any vehicle
towed from any location as security for accrued towing and storage charges.
Any such vehicle shall be immediately released regardless of impound location
to the owner or operator on proof of ownership or agency.”
3. Be
conspicuously placed at least four feet above ground level and be visible to
the public.
G. An
impounding agency, storage yard, facility, person or agency that has physical
possession of a vehicle and that violates this section shall pay a civil
penalty of at least two hundred fifty dollars and an additional thirty-five
dollars for each day that access is denied.
H. For the
purposes of subsection c of this section, "proof of ownership or
agency" includes the original or a copy of the registration or title,
whether current or expired, for the impounded vehicle and any of the following:
1. The
claimant's driver license or any government identification that includes a
photograph, whether current or expired, issued by any state or other sovereign
empowered to issue a license or identification. The license or identification
shall have the same name as the vehicle registration or title.
2. Any piece
of photographic identification and written authorization from the owner that
includes a copy of any government piece of photographic identification of the
owner and the keys to the impounded vehicle.”
Renumber to conform
Amend title to conform
