HOUSE BILL NO. 1574 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HALES.
2704H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 304.157, RSMo, and to enact in lieu thereof one new section relating to the towing of motor vehicles or vessels, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 304.157, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 304.157, to read as follows: 304.157. 1. If a person abandons property, as defined in section 304.001, on any real 2 property owned by another without the consent of the owner or person in possession of the 3 property, at the request of the person in possession of the real property, any member of the 4 state highway patrol, state water patrol, sheriff, or other law enforcement officer within his 5 jurisdiction may authorize a towing company to remove such abandoned property from the 6 property in the following circumstances: 7 (1) The abandoned property is left unattended for more than forty-eight hours; or 8 (2) In the judgment of a law enforcement officer, the abandoned property constitutes 9 a safety hazard or unreasonably interferes with the use of the real property by the person in 10 possession. 11 2. A local government agency may also provide for the towing of motor vehicles or 12 vessels from real property under the authority of any local ordinance providing for the towing 13 of vehicles or vessels which are derelict, junk, scrapped, disassembled or otherwise harmful 14 to the public health under the terms of the ordinance. Any local government agency 15 authorizing a tow under this subsection shall report the tow to the local law enforcement 16 agency within two hours with a crime inquiry and inspection report pursuant to section 17 304.155.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1574 2
18 3. Neither the law enforcement officer, local government agency nor anyone having 19 custody of abandoned property under his or her direction shall be liable for any damage to 20 such abandoned property occasioned by a removal authorized by this section other than 21 damages occasioned by negligence or by willful or wanton acts or omissions. 22 4. The owner of real property or lessee in lawful possession of the real property or the 23 property or security manager of the real property may authorize a towing company to remove 24 abandoned property or property parked in a restricted or assigned area without authorization 25 by a law enforcement officer only when the owner, lessee or property or security manager of 26 the real property is present. A property or security manager must be a full-time employee of a 27 business entity. An authorization to tow pursuant to this subsection may be made only under 28 any of the following circumstances: 29 (1) There is displayed, in plain view at all entrances to the property, a sign not less 30 than seventeen by twenty-two inches in size, with lettering not less than one inch in height, 31 prohibiting public parking and indicating that unauthorized abandoned property or property 32 parked in a restricted or assigned area will be removed at the owner's expense, disclosing the 33 maximum fee for all charges related to towing and storage, and containing the telephone 34 number of the local traffic law enforcement agency where information can be obtained or a 35 twenty-four-hour staffed emergency information telephone number by which the owner of the 36 abandoned property or property parked in a restricted or assigned area may call to receive 37 information regarding the location of such owner's property; 38 (2) The abandoned property is left unattended on owner-occupied residential property 39 with four residential units or less, and the owner, lessee or agent of the real property in lawful 40 possession has notified the appropriate law enforcement agency, and ten hours have elapsed 41 since that notification; or 42 (3) The abandoned property is left unattended on private property, and the owner, 43 lessee or agent of the real property in lawful possession of real property has notified the 44 appropriate law enforcement agency, and ninety-six hours have elapsed since that 45 notification. 46 5. Pursuant to this section, any owner or lessee in lawful possession of real property 47 that requests a towing company to tow abandoned property without authorization from a law 48 enforcement officer shall at that time complete an abandoned property report which shall be 49 considered a legal declaration subject to criminal penalty pursuant to section 575.060. The 50 report shall be in the form designed, printed and distributed by the director of revenue and 51 shall contain the following: 52 (1) The year, model, make and abandoned property identification number of the 53 property and the owner and any lienholders, if known; HB 1574 3
54 (2) A description of any damage to the abandoned property noted by owner, lessee or 55 property or security manager in possession of the real property; 56 (3) The license plate or registration number and the state of issuance, if available; 57 (4) The physical location of the property and the reason for requesting the property to 58 be towed; 59 (5) The date the report is completed; 60 (6) The printed name, address and phone number of the owner, lessee or property or 61 security manager in possession of the real property; 62 (7) The towing company's name and address; 63 (8) The signature of the towing operator; 64 (9) The signature of the owner, lessee or property or security manager attesting to the 65 facts that the property has been abandoned for the time required by this section and that all 66 statements on the report are true and correct to the best of the person's knowledge and belief 67 and that the person is subject to the penalties for making false statements; 68 (10) Space for the name of the law enforcement agency notified of the towing of the 69 abandoned property and for the signature of the law enforcement official receiving the report; 70 and 71 (11) Any additional information the director of revenue deems appropriate. 72 6. Any towing company which tows abandoned property without authorization from a 73 law enforcement officer pursuant to subsection 4 of this section shall deliver a copy of the 74 abandoned property report to the local law enforcement agency having jurisdiction over the 75 location from which the abandoned property was towed. The copy may be produced and sent 76 by facsimile machine or other device which produces a near exact likeness of the print and 77 signatures required, but only if the law enforcement agency receiving the report has the 78 technological capability of receiving such copy and has registered the towing company for 79 such purpose. The registration requirements shall not apply to law enforcement agencies 80 located in counties of the third or fourth classification. The report shall be delivered within 81 two hours if the tow was made from a signed location pursuant to subdivision (1) of 82 subsection 4 of this section, otherwise the report shall be delivered within twenty-four hours. 83 7. The law enforcement agency receiving such abandoned property report must 84 record the date on which the abandoned property report is filed with such agency and shall 85 promptly make an inquiry into the national crime information center and any statewide 86 Missouri law enforcement computer system to determine if the abandoned property has been 87 reported as stolen. The law enforcement agency shall enter the information pertaining to the 88 towed property into the statewide law enforcement computer system, and an officer shall sign 89 the abandoned property report and provide the towing company with a signed copy. The HB 1574 4
90 department of revenue may design and sell to towing companies informational brochures 91 outlining owner or lessee of real property obligations pursuant to this section. 92 8. The law enforcement agency receiving notification that abandoned property has 93 been towed by a towing company shall search the records of the department of revenue and 94 provide the towing company with the latest owner and lienholder information, if available, on 95 the abandoned property, and if the tower has online access to the department of revenue's 96 records, the tower shall comply with the requirements of section 301.155. If the abandoned 97 property is not claimed within ten working days, the towing company shall send a copy of the 98 abandoned property report signed by a law enforcement officer to the department of revenue. 99 9. The owner or driver of a vehicle or vessel that is not considered abandoned 100 under this chapter who requests that such vehicle or vessel be taken to a towing or 101 storage lot on a transitory basis shall make arrangements within ten days of the original 102 tow for the vehicle or vessel to be reclaimed or relocated or for the vehicle or vessel to 103 remain on the towing storage lot for a specified period of time. If the ten-day period 104 expires and no action is taken by the owner or driver of the vehicle or vessel, the vehicle 105 or vessel shall be declared abandoned on the towing storage lot under this chapter and 106 the provisions of this section shall apply, including the requirement that the towing 107 company notify the local law enforcement agency with jurisdiction over the location of 108 the towing storage lot. 109 10. If any owner or lessee of real property knowingly authorizes the removal of 110 abandoned property in violation of this section, then the owner or lessee shall be deemed 111 guilty of a class C misdemeanor. ✔
Statutes affected: