Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 1   State of Arkansas
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             HOUSE BILL 1584
 4
 5   By: Representative Watson
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 7                                     For An Act To Be Entitled
 8                  AN ACT TO AMEND THE REQUIREMENTS FOR A TOW BUSINESS
 9                  TO GIVE PUBLIC NOTICE IN CERTAIN CIRCUMSTANCES; AND
10                  FOR OTHER PURPOSES.
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13                                                 Subtitle
14                           TO AMEND THE REQUIREMENTS FOR A TOW
15                           BUSINESS TO GIVE PUBLIC NOTICE IN CERTAIN
16                           CIRCUMSTANCES.
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19   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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21          SECTION 1.       Arkansas Code § 27-50-1101(a)(3)(B)(iv), concerning the
22   notice by a tow business on the website of the Arkansas Towing and Recovery
23   Board of the pending sale of a vehicle that has been taken pursuant to
24   nonconsensual towing, is amended to read as follows:
25                                  (iv) If information on the owner or owners of an
26   implement or piece of machinery that is in the possession of a towing and
27   storage company is not available under subdivisions (a)(2)(D) and (E) of this
28   section, the towing and storage company shall provide notice by publication
29   in a newspaper of general circulation in the region from where the implement
30   or piece of machinery was removed and posting on the website that is
31   sponsored and managed by the board for that purpose under § 27-50-
32   1203(e)(1)(L).
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34          SECTION 2.       Arkansas Code § 27-50-1208(d)(2), concerning the notice of
35   a possessory lien given to the owner of a vehicle by a towing and storage
36   firm, is amended to read as follows:
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                                                                                    HB1584
 1                 (2)(A)     For the purpose of notices required by this section, if
 2   the data records of the Office of Motor Vehicle or the office of motor
 3   vehicles for the state where the vehicle is registered, if known, do not
 4   contain any information as to the last known registered owner or owners and
 5   lienholder or lienholders, notice is sufficient under this section if the
 6   notice is provided by publication one (1) time in one (1) newspaper of
 7   general circulation in the county where the vehicle was found unattended,
 8   abandoned, or improperly parked and by posting on the website sponsored and
 9   managed by the Arkansas Towing and Recovery Board for that purpose under §
10   27-50-1203(e)(1)(L).
11                          (B)(i)     The notice by publication may contain multiple
12   listings of vehicles, shall be published within the time requirements
13   prescribed for notice by certified mail, and shall have the same contents
14   required for a notice by certified mail.
15                                   (ii) A towing business using the website to post
16   notice under subdivision (d)(2)(A) of this section shall:
17                                        (a)(i) Be licensed by the board under § 27-50-
18   1203; and
19                                        (b)(ii)   Pay a reasonable fee for each notice
20   posted on the website in an amount to be determined by the board.
21
22        SECTION 3.        Arkansas Code § 27-50-1209(a)(1), concerning the rights of
23   the owner or lienholder to exercise their right to reclaim a vehicle and its
24   contents, is amended to read as follows:
25        (a)(1)     The failure of the owner or lienholder to exercise his, her, or
26   its the right to reclaim the vehicle and its contents within forty-five (45)
27   days of the posting or publication of notice under § 27-50-1208 to owners and
28   lienholders constitutes a waiver by the owner or lienholder of all right,
29   title, and interest in the vehicle and its contents.
30
31        SECTION 4.        Arkansas Code § 27-50-1209(e)(3), concerning the manner of
32   public notification before the sale of an unclaimed towed vehicle, is
33   repealed.
34                 (3)   Nothing in this subsection removes the requirement of notice
35   of sale by publication under subsection (f) of this section.
36
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                                                                             HB1584
 1        SECTION 5.   Arkansas Code § 27-50-1209(f), concerning the foreclosure
 2   of liens on a vehicle,   is amended to read as follows:
 3        (f)   In addition to the notice by mail, notice of the sale shall be
 4   published in a newspaper of general circulation in the county at least one
 5   (1) time at least ten (10) days prior to the sale and shall be posted on the
 6   website that is sponsored and managed by the Arkansas Towing and Recovery
 7   Board for that purpose under § 27-50-1203(e)(1)(L).
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Statutes affected: 
HB 1584: 27-50-1101(a), 27-50-1208(d), 27-50-1209(a), 27-50-1209(e), 27-50-1209(f)