DECEMBER 13, 2004

Secretary of State Terri Lynn Land today commended the Legislature for taking action against a scourge of urban and rural communities – abandoned junk cars.

Land, who oversees the agency responsible for titling and registering vehicles, understands the problems abandoned vehicles cause and has campaigned for revisions to the law since the start of her administration.

Lawmakers approved House Bill 4231 late Thursday, which streamlines abandoned vehicle procedures, freeing up law enforcement to concentrate on more serious crimes. It also provides the Department of State with a role in notifying violators and educating the public. Rep. James Koetje, R-Walker, is the primary bill sponsor.

"Junk cars are not only an eyesore, they are a public safety hazard," Land said. "Injuries, property damage and fatalities have resulted when drivers did not see an abandoned vehicle. Derelict cars also pose a risk to the environment, lower property values and have a negative impact on our quality of life.

"Representative Koetje has done a tremendous public service by championing this issue, and I would like to thank him for his leadership. Junk cars are a blight that should not be part of the landscape of our beautiful state."

Koetje said this legislation will help communities save resources.

"My legislation accomplishes two objectives," Koetje said. "It gives private property owners a more efficient and effective remedy to deal with the blight of abandoned vehicles on their property. It also allows the police, who were previously the go-to people for abandoned vehicles, the ability to concentrate their money and manpower on public protection and tracking down criminals. I am excited to have had a part in this legislation."

(Under the bill, municipalities have the option of using a designated agent or company, rather than law enforcement, to oversee the towing of an abandoned vehicle from public property. In addition, abandoned vehicles are no longer required to be tagged, providing a savings to local communities struggling with limited staffing and resources.

The bill also allows private property owners to directly contact a towing company, instead of the police, to remove the vehicle. The towing company will notify the appropriate law enforcement jurisdiction before removing the vehicle from the property.

Law enforcement retains the key role in running the stolen vehicle check and providing the information to the Law Enforcement Information Network. However, the bill requires law enforcement to inform the Department of State within 24 hours of an abandoned vehicle being taken into custody.

The legislation also grants the department a more active administrative role by designating it as the agency responsible for contacting abandoned-vehicle owners. Written notice must be sent to the owner within seven days of the vehicle’s confiscation by police. Furthermore, the department is required to maintain an online, abandoned-vehicle database to assist owners in determining the fate of missing vehicles.

Owners of abandoned vehicles have 20 days after receiving written notice to either pay the fees and pick up the vehicle or request a court hearing to dispute ownership.

In addition to all other fees, violators will pay $40 to the Abandoned Vehicle Fund to help support the administrative costs of implementing this legislation.

Abandoned vehicles that remain unclaimed may be redeemed by an existing lien holder or sold at public auction.

House Bill 5364, which was also approved late Thursday, directs the Department of State to notify the public about the abandoned vehicle legislation. Information will be sent with vehicle renewal notices and title certificates, and provided on the department’s Web site at www.Michigan.gov/sos.

Senate Bill 1171, a related measure approved recently, would allow law enforcement to ticket owners of abandoned vehicles for littering. Fines would range from $500 to $2,500, depending on the severity of the abandonment. Junk cars have been found loaded with tires, batteries, roofing shingles and other hazardous materials in attempts to circumvent landfill requirements and environmental protection laws.

"The Legislature, Department of State and law enforcement have taken a decided stance against those who litter our roads and communities with junk cars," Land concluded. "I encourage the governor to sign this bill without delay."

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